On the application of any person interested, the board of supervisors may by ordinance declare all or any portion of any slough, river, or stream to be a public highway for the purpose of fishing therein, if it:
(a) Does not lie within or run through cultivated land lying within the county.
(b) Is stocked or supplied in whole or in part with fish by the state or counties.
(c) Has not been declared by law to be navigable and in fact is not navigable for commercial purposes.
From the time the ordinance becomes effective, the slough, river, or stream is a public highway for such purpose, subject only to the reservations contained in this article.
(Added by Stats. 1947, Ch. 424.)
If any owner of land adjacent to or across which the slough, river, or stream declared to be a highway for fishing flows does not consent to its use for such purpose with the right to pass along the banks for the purpose of fishing and on application refuses to grant the right of passage to the county by suitable instrument in writing, the board may contract for and purchase any such rights.
(Added by Stats. 1947, Ch. 424.)
If the right of passage cannot be purchased at a satisfactory price, the board may authorize condemnation proceedings to be commenced to procure the right.
(Added by Stats. 1947, Ch. 424.)