“Guardian, I bet your readers would be interested in talking about the threatened lawsuit against the federal and state agencies by the homeowners in Eagle Island arguing that government is not doing enough to stop the flooding. Yes, that’s right, the homeowners who knowingly bought their house in the flood plain plan to sue the government for their predicament.”

It is not nice to fool Mother Nature, but the folks who own those pricey houses in the flood zone on Eagle Island are rattling their upscale sabers with legal threats aimed at the Corps of Engineers, FEMA, EPA, Idaho Water Resources, Ada County, and the City of Eagle.

We hate to quote George Bush, but the GUARDIAN says, “Bring it on!”

If the Island Woods Homeowners Association has enough cash to fund a court battle against the city, county, state AND federal government it will be worth the price of admission to watch. Wonder how many Idaho Natives are in that group!

The heart of their gripe is they want the Boise River diverted from the south channel because their president, Ric Tenner, thinks the north channel should carry 70% of the river flow.

We hate to set up Tenner as a target for GROWTHOPHOBES, but when he went on camera asking to be “saved” he wasn’t generating much sympathy from any of the government folks or those of who can’t affort to live in the hills or along the river.

Gravity lesson for new home owners: Idaho water flows DOWNWARD to the lowest point.

To get accurate, unobstructed stream flow measurements, hydrologists ride out to the middle of the river upstream from the Glenwood bridge on a little cable car. They lower an airplane looking device into the water and the current turns the “propeller” to indicate the water speed which is combined with the depth to calculate the CFS.

The flooding is cause for poking fun at the TV reporters who like to wade in the water–bare legged or with boots–on camera.

It has also prompted calls to insurance agents about flood insurance–there is a waiting period and it costs about $12 per $1,000 worth of coverage. That’s $3,600 for a $300,000 house and there aren’t many that cheap along the river.

Then there is the classification of one of the “most threatened” rivers in the country, thanks in part to a proposed gold mine near Atlanta on the Middle Fork of the Boise. Developers say their plan to use a cyanide leaching process to extract the gold from the ore is “bulletproof.” Those of us who take our drinking water and fish out of the river aren’t eager to see if our Kevlar vests are effective. Doubt if you see this “national recognition” on the Boise City or Chamber of Commerce web sites.

Finally, remember the hassle about the “warning signs” the GUARDIAN wanted along the river when the tree blocked the flow? Must be “risk management” and legal folks had a change of heart and allowed the Parks Dept. to warn people of danger spots.

The photos were taken off Park Center Blvd. at Spring Meadow Lane. The original developer was ordered to provide Greenbelt parking and access as a condition of approval for the subdivision.
He complied–three handicap parking spots and a crushed stone pathway for wheel chairs! There are also onerous signs warning of no parking and towing.

The following guest comments probably explain some of the negative sentiments which for the most part were created by development along the flood plain.

“So just how much are all of us who love the Boise River and all of the creeks in Idaho going to have to pay to help out those whose homes are flooding?

We have grown up watching the farmer in Eagle flood out each spring so have not built on the flood plain.

How much do the developers of those communities have to pay….or do they just smile as they keep their fat bank accounts at the expense of the fools who “just love the river” and have to live next to it.

Do you remember when some of the home owners in the Park Center area got into a big snit over the green belt going between their property and the river?

Yes, I guess I do have a few hard feelings toward the people who live next to the river because they have been less than kind about the idea that everyone enjoys the Boise River. It’s just that not everyone thinks a few own the right to exclude others from enjoying it. Nor does everyone think the river should be controlled. It’s a part of nature and nature should not be controlled. It’s not natural and dikes break.”

Last week we chided the Statesman a bit for the play they gave a story about a fallen tree blocking the Boise River, but not doing anything about getting signs posted to warn cold weather, high water river users of the danger.

We called the parks folks, worked our way down the chain of command and landed at Paul Woods. Nice guy, understood the problem, and promised to get something up next day to warn floaters. He even sent a foreman to check it out.

Next morning Woods called to apologize for possibly giving us the “wrong impression” and said #2 Guy Tom Governale had jurisdiction over river issues.

Governale called Monday to let us know they decided NOT to place warning signs upstream of the downed tree blocking the channel between the footbridge and Municipal Park behind Fish & Game headquarters. HE had gotten advice from “risk management people.”

Reason: “If we told people to go to the left and a tree fell on that side we could create a legal liability.”

We don’t know who advised Governale, but it would seem that since the city spent last summer asserting its AUTHORITY over the river for purposes of arresting people, they should accept RESPONSIBILITY for a danger when notified by the media and seeing it first hand.

They don’t argue the danger. In fact Governale said the Fire Department will try to remove the hazard once water levels are safer and Parks will offer assistance. They will accept responsibility to remove the tree because it is DANGEROUS, but they won’t warn people of the danger!!

The Statesman warns of the danger, the GUARDIAN warns of the danger and need for signs, but the city says they won’t install signs. However they will use resources of the city to remove the tree. Sorry, it makes no sense.

Explaining the reasons for not erecting signs, Governale also told us, “There are inherent dangers floating the river and people need to take some responsibility on their own.”

These are the same people who place signs at city ponds warning “DANGER, unsafe ice.” They will warn of thin ice, but not trees in the river?!

This is a good one for Mayor Bieter and his “Team Dave” crew to show some leadership and ORDER a couple of common sense signs be placed along the river.

We chided them about favoring form over substance noting the lead news story in the local section was about a tree falling in the river. What earth shaking news that a tree fell in the river in Idaho in the spring time!

Their defense was that it was published for the safety of kayakers, canoe paddlers, and rafters who could be injured or drown if caught in the dangerous current. The GUARDIAN was regarded by some as taking an unfair shot at the paper.

The REAL news story is “river users are at increased risk because there is an obstacle and no warning signs.” Sorta like reporting a bridge out, but not doing anything about getting flashing lights or signs to warn motorists.

If there was a real danger to public safety they should have reported it to the Boise Parks Dept.

The GUARDIAN did just that . Office workers at Boise Parks said they were aware of the hazard which was reported by field workers, but no warning signs were erected. Within 20 minutes of our (persistant) call, a Boise Parks foreman was on the scene near Fish & Game headquarters scouting the best location and wording for a warning sign. The foreman and supervisor PAUL WOODS both promised signs would be placed upstream along the river Friday to warn unsuspecting river users of the dangerous fallen tree.

All you gotta do is ask! No big deal, but without fallen trees there would be no “breaking news” on the Statesman web site.

KUDOS to Woods and crew for a timely response and grasping the solution to the problem. Of course, one has to be crazy to be in the river when it is cold and flows are so high. Ironically, the story below the fallen tree was about a young man who drowned the day before at Lucky Peak when his boat capsized.

There’s an old philosophical question, “If a tree falls in the forest and nobody hears it, did it make a sound?”

The GUARDIAN asks, “If a dangerous tree falls in the river and everybody knows about it, did they do anything?”

We are talking about those fireworks which are legal to sell and own, but illegal to shoot. Idaho law and Boise City law are different and Masterson admits it is nearly impossible to enforce either, despite citizen complaints.

The answer is simple–ban the sale and use of those little arson kits. There are no age restrictions on the sale of fireworks, so youngsters flock to the temporary stands throughout the city at the end of June. We tell kids not to play with matches all year long, then peddle attractive little firepops for a week before The Fourth.

The kids are warned to have adults around when they play with the fire, but if there are adults around they won’t let them play…the answer is to go out in the tall grass where no one will see them and the results can be catastrophic.

Rather than form a task force complete with undercover cops, Boise’s new Top Cop suggests folks call their legislator rather than police because it is impossible to handle the problem of illegal fireworks through enforcement.

We agree with Bat on the futility of enforcing a city ban on something the state says is legal, but this somehow brings us back to the booze ban on the Boise River. If you are of age it is legal to float down the river with a 6 pack of beer…you just can’t OPEN it within the city limits. Isn’t that just like possessing fireworks, that are illegal to SHOOT?

Not trying to be difficult here folks, but we NEED CONSISTENCY in our approach to the law. Undercover cops and a major police presence along the river to ban booze and then a “Cop out” to call the legislature on dangerous fireworks? Council and the Chief need to get real on these two issues.

We have never heard of any houses or kids burned by bare breasts or beer drinkers floating the river, but the same is not true when it comes to fireworks.

What kind of an idiot would stand there flipping flies amongst those hundreds of passing inner tubes?

When we noticed our fly fisherman talking to his lumpy vest we knew exactly what kind of idiot would stand there while a Boise bike cop perched on the bridge above him.

What a bad image for respectable fly fishermen to be impersonated by someone more interested in the contents of the rafts and tubes than the insect hatch! We were curious if he had some treble hook rigs to snag rafts with beer, but thought better of asking so we wouldn’t blow his cover.

With this latest GUARDIAN discovery floaters tempted to test the no booze ordinance on the river will have to watch themselves around ALL fly fishermen on the river…you never know who is behind those $120 Orvis glasses or sporting that hat which reads, “Fish Pimp.” Crude cap even for an undercover dude!

We can only hope the taxpayers don’t get billed for “rental” of all that gear let alone be forced to purchase it.

Last month when it looked like a crack down on open containers was imminent, there was a pretty strong reaction to those river floaters who enjoy their brews, prompting a request from Boise City lawyers for an opinion from the AG.

The City Council was prudent in asking for the AG opinion and Councilor Dave Eberle has publicly urged some restraint on the part of police and even asked for more discussion by the Council about enforcement policy –we are making progress when the council does business in public, seeks a second legal opinion, responds to public input, and even appears to be taking the lead determining public policy by offering some direction to our cops. What a city!

Last week the council was informed by the legal department that a newly discovered annexation map and an old law gave the Boise cops the authority to ban booze (mostly canned beer) on the river. The Guardian a week ago questioned the authority of Boise to impose its will on a river that is by law STATE PROPERTY. ( scroll down to see the stories)

The Idaho Statesman put it on the front page and every media outlet in the city ran with the story about banning booze on the river float this summer, never questioning the city’s claims.

Ada County Parks owns the bus and in defference to the citizen-riders they said, “no thanks” to the fare hike. BPD continues to claim jurisdiction of the river they don’t own and want to pay $30 an hour cops instead of $8 lifeguard/river rangers to keep things cool during the hot summer floating season.

Stay tuned.