Keeping a watchful eye on the water

While Kootenai County Sheriff Bob Norris said further clarification is necessary on the Spokane River no excessive wake ordinance, he said all waterway users should expect a season of "aggressive enforcement."

Approved in a 2-1 decision by Kootenai County commissioners Tuesday, the newest ordinance revised a previous definition of an excessive wake and banned any vessel from creating one on the entire Spokane River.

KCSO had issued multiple statements that they were not in favor of amending the 2020 rule. The reason behind that, Norris said, was because KCSO believes it goes against two essential components of law enforcement: simplicity and consistency. 

"I wish that they would have left the existing ordinance in place so that we could have collected more data," the sheriff said. "This is not the easiest law to cite for because there are so many factors at play." 

Traffic has a significant impact on wake, Norris said. The effect of which is rapidly compounding, KCSO Recreation Safety Supervisor Sgt. Ryan Miller explained, due to an influx of out-of-state users that are unaware of regional water guidelines. 

"A lot of the people that recreate around here are not from here. Locals are not out there causing a problem because they tend to know," Miller said. 

In just June, KCSO marine deputies have issued over 100 citations for violations of various waterway rules. Miller said this is a record and over double the previous peak of about 40. 

Considering recent events on the water, including a jet ski collision earlier this week, Norris said KCSO is planning on heightened enforcement this year.

"We are going to aggressively enforce all violations on all the waterways this year to the letter of the law," he said. "We will focus on Friday, Saturday and Sunday, as it is a different animal out there — especially on the river which is aggressively traveled on those days." 

Commissioners plan to sign the amended resolution on Tuesday and expect the provisions to go into effect within the following 30 days. 

Before those 30 days are up, Norris said he plans to ask commissioners for clarification on the law's intent. 

Norris' main question for the commissioners is if they intended to restrict activities like wake surfing from the waterway. Based on the language in Resolution 2021-63, an excessive wake is defined as "the wave resulting from continuous operation of a vessel: At the speed at which boats create the most wake, moving quickly and displacing the most water, i.e., plowing;

In an artificially bow-high manner to increase or enhance a wake, including wake enhancement by use of ballast, mechanical hydrofoils, uneven loading; or

To cause water to lap onto or over a dock, pier, or other lawfully permitted encroachment." 

While the ordinance "doesn't necessarily" make certain activities unlawful, Miller said it would limit pastimes like wake surfing, boarding and tubing on the river.

"If there is the possibility to do those activities without using the bow-high, ballast, and plowing method, then there is nothing saying people can't do them," Miller said. "I have surfed myself, and I have not tried to do it without using those methods. The reason being is because if you want the large wave to propel you without a rope, then you're going to need those things." 

Norris still plans to seek clarification on ordinance provisions but believes the resolution outlaws surfing on the Spokane River.