Wilbour v. Gallagher

We are here concerned with the uses to which privately owned land can be put, which for “thirty-five years”1 has been submerged each year by waters of a na*307vigable lake. The submergence at its maximum depth (3 to 15 feet)2 was for approximately 3 months, June 15 to September 15 each year.

The circumstances and history which furnished the background for the presentation of this unusual problem must be explained in some detail.

Lake Chelan is a glacial gorge in Chelan County, approximately 55 miles in length, and with a width, generally speaking, of from 1 to 2 miles. Its navigability is…