Do you know your states laws for your rights to be on the river?

Discussion in 'General Conversation' started by Crispy Critter, Mar 22, 2006.

  1. Crispy Critter

    Crispy Critter New Member

    Messages:
    431
    State:
    Missouri
    I posted these links once before in another thread but everyone might not have had a chance to see it.It concerns your rights as a boater and a fisherman vs. the landowners that the creek or river runs through.When this Country was founded the framers of our Constitution wanted to preserve our right to access our waters and made provissions to ensure that the water belonged to the people and they would hold it in Trust for the people.

    However each state has their own idea on how to do this.You can check your state herefor your local rights.

    I just thought it was interesting the way it may vary from state to state.
     
  2. slabmaster

    slabmaster New Member

    Messages:
    719
    State:
    missouri
    hey critter when i moved to missouri i thought i was going to have to hire a lawyer just to understand the wild life code for hunting and fishing.ive lived here 3 years and im still uncomfortable when i go creek fishin. lol
     

  3. Crispy Critter

    Crispy Critter New Member

    Messages:
    431
    State:
    Missouri
    Don't feel bad.I've lived here on and off for 40+ years and I'm still not up to date.
     
  4. Crispy Critter

    Crispy Critter New Member

    Messages:
    431
    State:
    Missouri
    The law seems to be flexable in some cases too.I know of a river back toward where I grew up that had been good for fishing and floating for many years but this one landowner(in the energy buisness,holds fundraisers and such for the Governor)bought up thousands of acres along and around the river.He incorperated his own town there,it has a very large city limits and very,very few residents.You can no longer fish the river or float through it for about a 10 mile section it is now private property.You can't even put in on public property and float into it.If you have a recent map of rivers in Missouri, look up the Osage Fork of the Gasconade River in Laclede County. Hmmm Go Figure. ;)
     
  5. dinkbuster1

    dinkbuster1 New Member

    Messages:
    2,272
    State:
    Ohio
    if its not posted i play stupid till someone catches me:D i have been there many times here in ohio, worst thing that they can do the first time is issue you a warning.
     
  6. tncatfishing

    tncatfishing New Member

    Messages:
    916
    State:
    clk. tn
    Like what was said in Tn most water ways are controlle by the corps of engineers. So as long as you can get their and stay on the water your ok, but if you try to get to the bank then your tresspassing. Had a friend run into that problem on a canoe.
     
  7. micus

    micus New Member

    Messages:
    524
    State:
    Lake St. L
    I'm an owner on the Jacks Fork and according to all I have ever found out--as long as your floating on water and got there from some other property, I got no rights against you, in fact you can camp on the gravel bar if its below normal high water line. If you walk or drive in, your butt's mine if I want it. Enforcement in MO varies a lot from county to county so check with your local MDC agent.:rolleyes:
     
  8. Crispy Critter

    Crispy Critter New Member

    Messages:
    431
    State:
    Missouri
    After posting above about a particular area on a river that you couldn't fish I stand corrected.I have been gone from that area for a few years.For several years while I was there there were many tickets wrote for tresspass for being on that section of the river.The man owns his own town and police force(his ranch hands drive pickups with POLICE on the side.Picture Hazzard county on the Dukes).I just did a little searching on here and found out the court has since ruled the water is public.However access to it is still a problem.There is no real place to put in or take out between the 9mm and the 28mm.There is one listed at the 14 mile marker but you have to be dropped off and you would have to stop on the small one lane slab bridge and block traffic to put in or take out.
    Below I will try to paste what I found(I would post a link but the site relates to another type of fish);) Notice what it says about the highway 5 access (that is the fellow in question)

    The Osage Fork:
    The Osage Fork of the Gasconade River, or "the Fork," as locals refer to it, is an attractive stream in the central Ozarks. Osage Fork is not to be confused with the much larger Osage River to the north, which was dammed to form Truman Lake and Lake of the Ozarks. Its 57 mile length stretches in a northeastern direction from its headwaters in Webster County near Rader, MO downstream to its terminus at the Gasconade River near Hazelgreen, MO in adjoining Laclede County.

    The stream has a general gradient of about 5 feet per mile featuring short, twisty riffles separated by long, peaceful pools. Many of its frequent bends have a tendency to be log-jammed so remain alert when canoeing the Fork, especially after spring flood season. These frequent log obstructions and overhanging brush warrant the stream’s Class II difficulty rating although the remainder of the stream is pretty tame. Osage Fork is blessed with many clean gravel bars providing for a shady lunch spot or overnight campsite. The riparian corridor along the stream is predominantly tree-lined although many dairy and cattle farms are located in the watershed. A lack of recreational canoeing traffic and fishing pressure combine to provide an adventurous smallmouth angler a sense of solitude – and the reward of top notch bronzeback fishing.

    Floating:

    The highest practical put-in during times of sufficient spring water levels is the MDC Rader access (mile 0.0) at the Hwy 22 bridge near the town of the same name. Two low water bridges 2.4 and 4.3 miles downstream offer alternate put-ins or wade fishing access. Hwy J bridge (mile 9.0) provides additional access as well as the next bridge downstream at mile 14.2. State Hwy 5 (17.0) is not recommended as an access point since it’s been posted by the landowner. An old mill dam at Orla (mile 21.5) provides a thrill as you pass through the break in the dam and into the swift run below. The stream above Orla is more suited to springtime and may be too low after mid-June to provide enjoyable canoeing. Still, anglers willing to drag through shallow riffles in mid-summer may find some outstanding bronzeback action.

    Hwy B bridge (mile 28.7) on downstream is usually canoeable year-round. Putting in here, anglers would have a good chunk of bronzeback water to fish taking out at MDC Drynob access (mile 38.9) found just past the Hwy 32 bridge crossing. Another popular one-day float is from Drynob to the MDC Davis Ford access at Hwy AC (43.8) or from Davis Ford to MDC Hull Ford access (mile 52.5). The final 4.5 miles of river can be floated by putting in at Hull Ford and taking out at MDC Hazelgreen access on Gasconade River located about a mile downstream from the confluence of these two waterways.


    The Court Order I found I am not sure if it's a court order but it's a ruling on the matter.
     
  9. Crispy Critter

    Crispy Critter New Member

    Messages:
    431
    State:
    Missouri
    That wasn't what I thought I put up about the Highway 5 access here is a cut from another page:

    MDC Rader access (Highway 22 bridge) at 0.0 miles; Low-water bridge at 2.4 miles; Low-water bridge at 4.3 miles; Highway J bridge at about 9.0 miles; Bridge at about 14.2 miles; Highway B bridge at about 28.7 miles; MDC Drynob Access, just below the Highway 32 bridge, at about 38.9 miles; MDC Davis Ford Access, at Highway AC bridge, at about 43.8 miles; MDC Hull Ford Access at about 52.5 miles; MDC Hazelgreen access, at the Gasconade River, at about 57.0 miles. (NOTE: The SH 5 bridge at about 17.0 miles is not a recommended access because of potential problems with a landdowner who has posted the property adjacent to the river. For the record, access may be protected by the Federal Commercial Navigable Waterways Act, but enforcement of your rights would be a time-consuming and costly matter that can be avoided by not using the SH 5 bridge as an access point until this matter is challenged in court and adjudicated in favor of the general public.)