Laws on Waterways, Public and Private Waters

[fishfordollars]

Hell i have friends that were arrested fishing flood waters off a river. As the water rose they followed it  into a pasture. The land owner called the sheriff, they were taken out of the boat, cuffed, and hauled off to jail charged with trespassing. That was four years ago and it is no closer to being settled than the day it started.

[fishfordollars]

Hell i have friends that were arrested fishing flood waters off a river. As the water rose they followed it  into a pasture. The land owner called the sheriff, they were taken out of the boat, cuffed, and hauled off to jail charged with trespassing. That was four years ago and it is no closer to being settled than the day it started.

[slonezp]

Riparian rights, google it.

[slonezp]

Riparian rights, google it.

[slonezp]

Riparian rights, google it.

[fishfordollars]

You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

Devil's advocate, But you don't own the water above your property. And I accessed the water by public means and am not standing on your property. I'm floating on public water. ;D

Don't try this in Texas or Louisiana.

[fishfordollars]

You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

Devil's advocate, But you don't own the water above your property. And I accessed the water by public means and am not standing on your property. I'm floating on public water. ;D

Don't try this in Texas or Louisiana.

[fishfordollars]

You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

Devil's advocate, But you don't own the water above your property. And I accessed the water by public means and am not standing on your property. I'm floating on public water. ;D

Don't try this in Texas or Louisiana.

[fishfordollars]

If a property owners land stops at the water line, which water line? high or low water mark?

Who owns the land under the water out to the center of the creek?

It goes on forever!!!

AND NO, no one here has the answer, PERIOD!

[fishfordollars]

If a property owners land stops at the water line, which water line? high or low water mark?

Who owns the land under the water out to the center of the creek?

It goes on forever!!!

AND NO, no one here has the answer, PERIOD!

[fishfordollars]

If a property owners land stops at the water line, which water line? high or low water mark?

Who owns the land under the water out to the center of the creek?

It goes on forever!!!

AND NO, no one here has the answer, PERIOD!

[Bassn Blvd]

If a property owners land stops at the water line, which water line? high or low water mark?

Who owns the land under the water out to the center of the creek?

It goes on forever!!!

AND NO, no one here has the answer, PERIOD!

EXACTLY! 

If you find the answer then please let me know.  Better yet, find the answer for Florida while you're at it.

[Bassn Blvd]

If a property owners land stops at the water line, which water line? high or low water mark?

Who owns the land under the water out to the center of the creek?

It goes on forever!!!

AND NO, no one here has the answer, PERIOD!

EXACTLY! 

If you find the answer then please let me know.  Better yet, find the answer for Florida while you're at it.

[Bassn Blvd]

If a property owners land stops at the water line, which water line? high or low water mark?

Who owns the land under the water out to the center of the creek?

It goes on forever!!!

AND NO, no one here has the answer, PERIOD!

EXACTLY! 

If you find the answer then please let me know.  Better yet, find the answer for Florida while you're at it.

[senile1]

On Missouri rivers the answer is somewhat clear.  If you are float fishing a river you will pass by numerous private properties.  As long as you put in at a public access you are fine passing down that river past those private properties in the normal river channel.  However, if you beach your canoe and fish from the bank or fish flooded areas of the owner's property all bets are off.  Stay in the river channel and a property owner can gripe and give you a hard time but legally they can't do anything to you in Missouri.  I don't think this same rule applies to putting in at a public access on a creek that leads to a private lake.  I think that is just asking for trouble.

[senile1]

On Missouri rivers the answer is somewhat clear.  If you are float fishing a river you will pass by numerous private properties.  As long as you put in at a public access you are fine passing down that river past those private properties in the normal river channel.  However, if you beach your canoe and fish from the bank or fish flooded areas of the owner's property all bets are off.  Stay in the river channel and a property owner can gripe and give you a hard time but legally they can't do anything to you in Missouri.  I don't think this same rule applies to putting in at a public access on a creek that leads to a private lake.  I think that is just asking for trouble.

[senile1]

On Missouri rivers the answer is somewhat clear.  If you are float fishing a river you will pass by numerous private properties.  As long as you put in at a public access you are fine passing down that river past those private properties in the normal river channel.  However, if you beach your canoe and fish from the bank or fish flooded areas of the owner's property all bets are off.  Stay in the river channel and a property owner can gripe and give you a hard time but legally they can't do anything to you in Missouri.  I don't think this same rule applies to putting in at a public access on a creek that leads to a private lake.  I think that is just asking for trouble.

[Goose52]

A can of worms for sure. Riparian law differs by state and that makes it just that more complex. One factor that is often part of the equation is whether the waterway is "navigable." Of course, the definition of navigable is also probably different in each state. However, if there is navigable public water going into, AND out of, a lake, that would make it much more clear. In your case, that doesn't seem to be the case. As mentioned above, contacting your state fish and game agency might give you a pretty good answer.

[Goose52]

A can of worms for sure. Riparian law differs by state and that makes it just that more complex. One factor that is often part of the equation is whether the waterway is "navigable." Of course, the definition of navigable is also probably different in each state. However, if there is navigable public water going into, AND out of, a lake, that would make it much more clear. In your case, that doesn't seem to be the case. As mentioned above, contacting your state fish and game agency might give you a pretty good answer.

[Goose52]

A can of worms for sure. Riparian law differs by state and that makes it just that more complex. One factor that is often part of the equation is whether the waterway is "navigable." Of course, the definition of navigable is also probably different in each state. However, if there is navigable public water going into, AND out of, a lake, that would make it much more clear. In your case, that doesn't seem to be the case. As mentioned above, contacting your state fish and game agency might give you a pretty good answer.

[Red]

Why not just ask the property owner for permission to fish the private water?

[Red]

Why not just ask the property owner for permission to fish the private water?

[Red]

Why not just ask the property owner for permission to fish the private water?

[Gatorbassman]

The best thing to do is to respect the owner and ask permission. I guide a private lake on private land in NC and all the people who have tried to access the lake via the creek have been hauled off to jail.

[Gatorbassman]

The best thing to do is to respect the owner and ask permission. I guide a private lake on private land in NC and all the people who have tried to access the lake via the creek have been hauled off to jail.