Conatser v. Johnson

DURRANT, Associate Chief Justice:

INTRODUCTION

11 In this case, we must determine the seope of the public's easement in state waters. More specifically, we must determine whether the easement, which allows the public to engage in recreational activities in state waters, also allows the public the right to touch the privately owned beds below those waters. 1

2 Plaintiffs, the Conatsers, sought a declaration from the district court that the pub-lies easement allows the public to "touch or walk on the bottoms [of state waters] in non-obtrusive ways." The district court denied the Conatsers' motion…