CFJC Today file photo / Chad Klassen

By Chad Klassen

PUBLIC LAKE ACCESS

Douglas Lake Cattle Company appealing 2018 decision to grant public access to pair of Merritt-area lakes

Nov 24, 2020 | 11:20 AM

KAMLOOPS — Nearly two years after the Nicola Valley Fish and Game Club won a historic court case, giving its members public access to two lake they’re facing another battle over the use of two lakes in the Merritt area.

The Douglas Lake Cattle Company is appealing the decision, an appeal hearing that started on Monday over Zoom and resumes on Tuesday, as the company tries to reverse the ruling and regain the private use of Minnie and Stoney Lakes.

For years, public access to the lakes had been blocked by fences and locked gates. The ruling in December 2018 in favour of the fish and game club removed the gates and allowed the public to have access to the lakes. However in Monday’s proceedings, the Douglas Lake Cattle Company argued in order to use the lakes, fishermen have to trespass onto its private property.

The lake levels of both Minnie and Stoney have risen over the years, and Douglas Lake’s lawyer Evan Cooke contended the flooded portion beyond the natural boundaries remains Douglas Lake property. He added a huge amount of land has been taken away without compensation in the amount of about 150 acres following the 2018 decision.

The Nicola Valley Fish and Game Club disagrees, arguing that by raising the water levels through an agricultural water license, the cattle company was essentially privatizing Minnie and Stoney lakes and not allowing public access.

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“What’s at stake now because they put a dam on these lakes and raised the level willingly with a water license, they’re now saying that they flooded the land and therefore have no right to get to the public part of the lake,” said fish and game club member Rick McGowan. “Our contention is that all the water is public. Fish swim freely in all the lake. The public now has the right to fish in the lake. Douglas Lake and rich land owners are trying to say ‘No, you can’t get to the public part of lakes because we raised them.’ That’s their main hope.”

During the court case that wrapped up in 2018, Douglas Lake had argued it stocked the lakes with their own fish. However, Justice Joel Groves had rule at the time because the fish were swimming into public waters, they naturally became public property.

Christopher Harvey, lawyer for the club, is speaking to the B.C. Court of Appeal on Tuesday to respond to the appeal. Another argument is the flooded portion of the lakes are connected by public roads, and therefore are public.

“They flooded the public road, which goes into the lake and under water and you can access the lake by the public road. They’re not acknowledging any of the stuff they’ve done and how they’ve changed it,” said McGowan. “They just don’t want you to be on the public part of the lake, even though the public road is under water.”