Diversion Lake Club v. Heath

Mr. Judge SMEDLEY

delivered the opinion for the court,

This case presents the interesting and important question: Do the public have the right to fish in a lake created by the lawful construction of a dam across a river not navigable in fact, but declared to be navigable by statute, or does the exclusive right to fish in such lake belong to one who owns both the bed of the lake, except that part of same which was originally the bed of the river, and the land bordering the lake on both sides?

Tn the year 1911 and 1912, as part of an irrigation project and under authority given by the statutes…