The Times - Serving Waitsburg, Dayton and the Touchet Valley

WAITSBURG – After voting in January to partner with the Washington Department of Fish and Wildlife in their "Feel Free to Hunt" program in the city's watershed, Waitsburg's city council decided to take a closer look at the contract. At their Feb. 17 meeting, the council agreed to invite WDFW representatives back in March to clarify some questions that had arisen since the initial discussion.

The watershed consists of about 800 acres along the north fork of Coppei Creek that has historically been open to hunting. Concerns about liability and possible contamination of the city's water source led the council to explore the idea of limiting access to the area.

WDFW representatives Corrie Hadley and Scott Rasley spoke at January's city council meeting and strongly recommended leaving the area open to hunting. Farmers who own surrounding lands allow hunting and trying to keep hunters out of an island in the middle would be a nightmare, they said.

They also said the hunting spot was a favorite for locals, especially youth, because it is so close to town. They urged the city to continue to allow access and said that by joining the WDFW's "Feel Free to Hunt" program, the city would be protected against liability.

The council approved the partnership in January, but after receiving and reading the contract in February, Mayor Walt Gobel told the council he had some concerns.

Rather than limiting the city's liability, Gobel said the contract states that each party will assume its own responsibility for liability. He said there is also a clause stating that the contractor (the city) will hold the WDFW harmless from acts of third parties. He also said the fine print appears to refer only to hunting season.

City attorney Jared Hawkins said Waitsburg is already covered by a statute, intended to promote the free use of public lands for recreational purposes, that protects public entities from liability.

Hawkins noted that protection doesn't apply to known dangerous conditions (unless there is appropriate signage) and that there is no protection against being sued by individuals who feel they meet an exception to the statute.

Hawkins said there were a couple of phrases in the liability paragraph of the WDFW contract that he would like to see reworded.

"Why do we have to have a contract with Fish & Game when it's been open forever?" Councilor Marty Dunn asked. "I don't see what we're gaining other than it's more advertised. I definitely don't want to shut it down because I believe there's a lot of good to come out of it."

The council agreed to invite the WDFW representatives back in March to try and gain clarification and to see if the WDFW would be open to changes in some of the contract language.

City Administrator Randy Hinchliffe said the "Feel Free to Hunt" contract has not yet been returned to the WDFW.