Wyoming Corner Crossing Case Favors Public-Land Hunters
A recent civil case in Wyoming provides a crucial benchmark for ongoing conflicts surrounding access to corner-locked public lands.
Sport Hawk | 6.29.2023
A federal judge last month ruled in favor of four Missouri hunters charged with trespassing for using a step ladder to cross over a corner boundary between public and private lands in Wyoming. The private lands are part of sprawling Elk Mountain Ranch, which is owned by pharmaceuticals executive Fred Eshelman of North Carolina. His ranch encompasses 27 parcels of state and federal lands totaling more than 11,000 landlocked acres.
Wyoming statute prohibited hunters from crossing private-land corners without the consent of adjacent landowners. In the recent civil trespassing case, the ranch owner sought a jaw-dropping $7 million in damages.
According to the non-profit news service WyoFile, attorneys for the out-of-state hunters argued that preventing access across common corners violates the 1885 Unlawful Inclosures Act, which prohibits private landowners from blocking access to public lands.
This ruling has implications for hunters and outdoor enthusiasts in other states where a checkerboard pattern of land ownership exists. Colorado, Montana, and numerous other states have interlocked public and private lands that call similar rights into question.
In many cases, the “airspace” at the intersection of these checkerboard corners has been the focal point of conflict. While some argue that this airspace is part of the public domain and should be accessible to hunters, others contend that it falls within the realm of private property rights.
The Wyoming decision in favor of corner-crossing hunters could be a significant step toward resolving these conflicts. However, the issue of airspace remains ambiguous. Further clarification will be required to strike a fair balance between public land users and private landowners.
Top 6 Western Destinations for Beginning Fly Anglers
Sooner or later, all serious fly fishers make a western pilgrimage. Here’s where to wade in first.
Sport Hawk | 10.10.2021
Whether you cut your teeth throwing bluegill poppers in a Georgia farm pond or chasing largemouth bass on a Mississippi oxbow, every fly fishing journey eventually leads to the American West. With so many great destinations to choose from, it’s hard to know exactly where to start. But if you are new to the game and charting a course to some of the country’s most celebrated rivers, these destinations in each Rocky Mountain state will serve as an excellent hub for an epic road trip.
MISSOULA, MONTANA There is so much good fly fishing in Montana that Hollywood once filmed a movie there (you might have heard of it). These days, Norman McLean’s famous Big Blackfoot River can be notoriously crowded with tubers, anglers, and other river rats. Traffic on the Big Blackfoot does wane by early October, although low water may be problematic for drift fishing in anything larger than a shallow-draft cataraft. Fortunately, there are plenty of alternative places to stretch out your cast. The Bitterroot River runs southwest of Missoula, and it is renowned for stunning scenery and an excellent rainbow fishery. Rock Creek, a tributary of the Clark Fork, is well known for its salmonfly hatches during early summer run-off. And don’t forget, the main stem of the Clark Fork flows right through town if you need to flea-bag it for a night or two to wash off the camp smoke and plan the next leg of your trip.
PARK CITY, UTAH Flowing off the western shoulder of Utah’s famed Uinta Range, the Provo River is one of the The Beehive State’s most reliable fly fisheries. Its upper reaches east of Park City boast brown trout, rainbows, cutthroat, and even brook trout. Access to the upper section is along State Route 150, although private land, spring runoff, and late-summer low water can prove challenging. The middle and lower Provo rivers are tailwaters, which offer consistent year-round water levels and temperatures. Both the lower and middle sections produce trophy browns and rainbows. North of Park City, the Weber River is likewise divided into three stretches. Hit the free-flowing upper Weber above Rockport Reservoir for solid post-runoff caddis and mayfly hatches. Look to the tailwater sections below Rockport and Echo reservoirs for year-round nymphing.
YELLOWSTONE NATIONAL PARK, WYOMING While the best base for a Yellowstone adventure is arguably West Yellowstone, Montana, the majority of park land is in actually in Wyoming. The park’s namesake river is one of the best places to target iconic Yellowstone cutthroat. Hit the river’s salmonfly hatch just after run-off in early July, and fish right on through the blue-winged olive hatches in October.
Other classic waters, such as the Madison, Jefferson, and Gallatin, also have headwaters inside the park. Car camping gets crowded in peak season, but there is plenty of room in the backcountry for those willing to donate the boot leather. The towns of West Yellowstone, Cody and Gardiner all have accommodations, fly shops, and guides. If you only make one trip out west to fish, make it the Greater Yellowstone region. And don’t forget that this is serious grizzly country. Be sure to acquaint yourself with bear-awareness practices when fishing America’s first national park.
CARBONDALE, COLORADO Colorado’s best trout waters are known as Gold Medal rivers. This distinction requires that a fishery produce at least 60 pounds of trout per acre measuring 14-inches or longer. Two of the state’s finest Gold Medal waters are the Frying Pan and Roaring Fork rivers between Aspen and Glenwood Springs. The mountain hamlet of Carbondale is situated in the middle of it all at the confluence of the Frying and the Crystal River, a lesser-known gem with fewer crowds and good fishing in a stunning setting. Carbondale is also within striking distance of Ruedi Reservoir (upstream of the Frying Pan), and the Colorado River, which joins the Roaring Fork in nearby Glenwood Springs.
TAOS NEW MEXICO It’s no secret that great ski mountains and great trout habitat are often found in the same proximity. In northern New Mexico, purified snowmelt streaming off the southernmost Rockies feeds numerous fly fishing gems in northern New Mexico. Nearest to Taos and its world-famous slopes lie the Rio Grande and the Rio Costilla, where you’ll have a shot at New Mexico’s state fish, the Rio Grande Cutthroat. One hour to the northwest of Taos lies the Cimarron River, a tailwater of beautiful Eagle Nest Reservoir offering quality small-stream fishing for brown trout on nymphs and streamers. If you are making a week or more of it, don’t forget the Pecos River to the south. And the mighty San Juan River three hours away is a southwestern classic, home of the San Juan Worm fly pattern.
KETCHUM IDAHO Ernest Hemingway spent the last days of his life in Ketchum, and his sporting legacy was defined, in part, by his passion for the area’s great trout fishing. Foremost is Silver Creek, a gliding spring creek that will test the technical skill of any angler. Closer to town, the Big Wood River offers consistently good dry-fly fishing through the summer months. It is a multi-faceted freestone featuring excellent access along miles of bends, eddies, riffles, and pools. Big Wood tributaries, such as the Little Wood River and Warm Springs Creek, add to the options. If you are really ambitious, check out the Salmon River north of town in the Sawtooth Range, where you can chase wild cutthroat, spring steelhead and, if lucky, the inland-most run of chinook salmon in the lower 48 states.