Education needed on wake rule change
I’ve been reading all of the articles in the paper recently about the Commissioners meeting and the vote to eliminate the 150’ no excessive wake rule. I think it would be good for you and your staff writers to educate the public and know the full extent of what this change does for our community and the process that has been followed and why.
To start, State Law and County Ordinances and Regulations were adopted many years ago before the creation of wakesurf boats. Specifically, a Kootenai County regulation that prohibits excessive wakes was created for the Spokane River.
• Chapter 2 — Kootenai County Parks and Waterways, 6-2-4: Vessel Operation
— C. -3. During the day or night, no motor driven watercraft shall be operated at a speed or in a manner that creates an excessive, dangerous or damaging wake.
Over the years the Sheriff's department said they couldn’t ticket people for creating excessive wakes because they did not have a definition of an excessive wake. Last year our current Commissioners along with the support of the Sheriffs department wrote a definition of an excessive wake:
• Resolution 2020-38 Kootenai County Waterways Restricted Zone Designation
— WHERAS, the term “excessive wake” shall be defined as the wave resulting from operating a vessel at the speed at which boats create the most wake, moving quickly and displacing the most water, i.e. plowing; the wave resulting from operating a vessel in an artificially bow-high manner to increase or enhance a wake, including enhancement by use of ballast, mechanical hydrofoils, uneven loading; the operating at transition speed, i.e. operating a vessel at greater than no-wake speed, but not fast enough to cause the vessel to plane; or the wave resulting from operating a vessel to cause water to lap onto or over a dock, pier, or other lawfully permitted encroachment.
In addition the Commissioners added a 150’ no excessive wake zone on the River. In doing this they made something that was illegal – legal. They recognized their error and corrected it last Monday evening May, 24. The following section in regard to the River will now be eliminated.
WHERAS, the Kootenai County Sheriff has recommended amending Kootenai County Code, Section 6-2-6 to; establish a no-excessive wake zone along the Spokane River and on Fernan and Lower Twin Lakes between the 100 foot no-wake zone codified at Kootenai County Parks and Waterways Ordinance Section (C) (4) and a distance of 150 feet from shoreline or any dock, pier, or other structure; and to establish a no-excessive wake zone on all other Kootenai County Waterways Ordinance, Section 6-2-4 (B)(1) and a distance of 300 feet from shoreline or any dock, pier or other structure in the water.
With the elimination of the 150’ no excessive wake zone the entire River will be “no excessive wake” as it was intended way back when those thoughtful Commissioners wrote the very first regulation. Still in force is the 100’ no wake zone on the River.
There are various State laws that support the elimination of excessive wakes on the River, crossly negligent operation, negligent operation, interference with navigation and enforcement.
Of course, the people that own wakesurf boats are not happy as they will need to operate like any other boat while on the river and go to Lake CDA to wakesurf. At the meeting last Monday, May 24th, I suggested the Commissioner’s establish a “Wakesurf Recreational Area” down the center of Lake CDA. The same as we have football fields for football, skateboard parks for skateboarding, etc. I hope they will do that in the future.
In the meantime, the Commissioners will be writing the new regulation this week and on June 8 they will sign the new resolution into law. I am told, and not sure if this is accurate, that after signing the resolution will go into effect in thirty days. That would mean after the Fourth of July weekend, which is notoriously busy and dangerous. Also, you need to know that according to the Sheriff’s data 40% – 50% of all boats on the River come from out of town, Washington, Oregon and Montana primarily. These people do not have any skin in the game and damaging property, causing safety issues is not their concern. We have lost eight feet of our property in three years from erosion. The first time we hit a wake surf wake in our boat the boat went airborne and my disabled adult son was knocked out of his seat. We watch people being knocked off of paddleboards and kayaks every single day. People generally do not file a complaint they just stop kayaking and paddleboarding like we did. We sold our kayaks because it was too dangerous to use them.
In conclusion, the Spokane River is for everyone to use and enjoy and we haven’t been able to do that for the past five years due to these excessive wakes. It takes a short time for the local people on the River to go to the Lake to wakesurf; and it will be so much safer for the people they are towing. We are extremely thankful to our Commissioners for doing the right thing, in doing so; I truly believe they may have saved a life.
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Avis Stafford is a resident of Coeur d'Alene.