Publics Rights On Rivers In The United States

[slonezp]

Not sure if this is the correct place for this information

 

http://www.nationalrivers.org/2013%2010%20NATIONAL%20handout%20on%208x11.pdf

 

The administrator of a local fishing forum has used the help of this organization and the law to open up previously closed fishing areas. Just thought I'd throw it out there for you guys. I've had issues locally where people believe they own the water because they are property owners, and have marked channels on navigable rivers private or no fishing.

[tomustang]

I wonder if this included creeks and streams

[A-Jay]

This has been and will most likely always be a highly contested topic.

 

I can see both sides of it but as a fisherman / outdoorsman and not a water front property owner, I'll admit that it wouldn't hurt my feelings any if more of these areas were opened up to the public.

 

Often times we (Joe Public) are our own worst enemy by not leaving the areas in and around private property better than we found them.  Users who leave trash, discarded tackle, and all kinds of waste are the fuel that keeps this firey topic burning.

 

A-Jay

[Snakehead Whisperer]

This has been an ongoing issue on some trout streams in Virginia. IIRC the landowners claim ownership of the streambed due to it being awarded to them by, of all people, the queen of England back in the 1700's. Pretty sure that not many of them are actual descendants of the original property owners, so whether this streambed ownership is valid and/or transferable is one of the main issues in the case. Not sure if this case is still in the courts or not, but fly fishers have been prosecuted for this despite not setting foot on the land in dispute. 

[Wayne P.]

Add this to your research files:

 

http://www.adventuresports.com/river/nors/us-law-menu.htm

[Wayne P.]

This has been an ongoing issue on some trout streams in Virginia. IIRC the landowners claim ownership of the streambed due to being awarded it by, of all people, the queen of England back in the 1700's. Not sure if this case is still in the courts or not, but fly fishers have been prosecuted for this despite not setting foot on the land in dispute. 

 

 

Yes, I have heard of that case. It is the Jackson River below Lake Moomaw-Gathright Dam (called Lower Jackson River) and it is still a trespassing issue. The State stopped stocking trout in that section in 1993.

[Snakehead Whisperer]

Yes, I have heard of that case. It is the Jackson River below Lake Moomaw-Gathright Dam (called Lower Jackson River) and it is still a trespassing issue. The State stopped stocking trout in that section in 1993.

I'm going to have to revisit this and see if there are any new developments. I think there are other streams now that face similar legal uncertainty in VA. 

[Wayne P.]

I'm going to have to revisit this and see if there are any new developments. I think there are other streams now that face similar legal uncertainty in VA. 

This will save you some search time. Look on the right side of the page updated two days ago.

 

http://www.orvis.com/fishing_report.aspx?locationid=7304

[Snakehead Whisperer]

This will save you some search time. Look on the right side of the page updated two days ago.

 

http://www.orvis.com/fishing_report.aspx?locationid=7304

Thanks. 

 

There's also a recent incident where the US Park Police have been citing people who wade fish here in the DC area. Apparently there is a law on their books prohibiting entering the water from US Park Service land, and pretty much all of the shoreline on the VA side belongs to them. 

[RAMBLER]

I worked in real estate, for a while, here in Florida.  We got into this discussion with quite a few people.  There are places where the properties have been surveyed out into the water.  On some small lakes the lots are pie shaped and the points of the pie pieces are in the middle of the lake.  The property around the entire lake is private.  A lot may be 5 acres but 3 of those acres are under water.  It happens a lot.  The land owner has a right to stop you form walking on that property, both out of and in the water, but they do not own the water.  This sounds ridiculous but if you can be dropped in by helicopter, you can fish those bodies of water.

The Florida state Fish and Wildlife Service is now setting up new management for large mouth bass fishing.  One of the items they are looking at is public access to more bodies of water.

[MacP]

Public trust doctrine. 

 

Clean water act. 

 

If it was navigable, used for commerce, at the states time of *** anyone can use the water. Wade fishing and water access are different. You can own the bed and banks. It can be on the deed. 

 

I used to work for the government in water pollution control.  This thing came up routinely. 

[Sam]

This has been a very important topic for all fishermen and at this time each state is doing their own thing.

 

Yes, in Virginia where it takes three people to change a light bulb: two to change it and one to discuss its history, the rights to fish some of the inland waters is being prohibited by the 1700's rights from the King to the sovereigns. This is a big deal in Virginia and so far the Virginia courts have upheld the original deed restrictions.

 

Louisiana has its Mississippi River problems when the river floods.

 

One way or the other, we have to obey the current laws even if we don't like them.