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After safety debate, Bonner County temporarily applies state water‑ski rules while seeking legal opinion
Summary
Following concerns from marine deputies about safety and enforceability, the Bonner County commissioners resolved to follow the less‑restrictive Idaho statute on water‑ski observers while requesting a prosecutor opinion on whether the county can retain a more restrictive local ordinance; the board set an effective temporary adoption through Oct. 1, 2026 or sooner.
Bonner County commissioners on June 23 moved to align local enforcement of water‑ski observer rules with recently amended Idaho statute 67‑7024 while the county prosecutor’s office reviews whether a more restrictive county ordinance can remain in force.
Lieutenant Migiji of the Bonner County Sheriff’s marine division said the legislative change raised public‑safety concerns. He noted the county experienced three boating fatalities in the previous season and argued it is difficult for a single person to safely operate a vessel, maintain awareness of surrounding hazards and simultaneously hold an observer flag when a skier goes down. The lieutenant said he had asked the prosecutor’s office for guidance on whether county code could lawfully be more restrictive than state law under Idaho’s Dillon’s rule and recommended the board delay amending local code until that legal opinion is received.
Commissioners discussed enforcement discretion and the practical effect on boaters. The board agreed to let deputies enforce the least‑restrictive rule — the state statute — during the review and voted to waive multiple readings of the proposed ordinance amendment and adopt the change temporarily through Oct. 1, 2026 unless the marine deputy brings it back sooner. The action was intended to give local water‑skiing groups certainty for the season while preserving the county’s ability to pursue a more restrictive local rule if the prosecutor advises it is lawful.
Risk Manager Christian Johnson noted enforcement actions for unsafe vessel operation remain available and emphasized that a carve‑out for hours does not remove other safety requirements; residents raised concerns about distracted driving on waterways, rescue capability and public education. The motion passed on a roll call vote.
Next steps: Lieutenant Migiji will follow up with the prosecutor to obtain a written opinion; the board may revisit the ordinance if the legal advice supports a more restrictive local rule.
