Getting access to private land for river fishing.

Is the river classified as Navigable?

"..If the physical characteristics of the river are such that it meets the federal test of title navigability, it is public land up to the ordinary high water line. Since a deed can only convey interests actually owned by the seller, and since the bed and banks of all navigable rivers passed to the states at the time of statehood, it is likely that the state is the true owner. The state's ownership is a "prior existing right" and is frequently mentioned as such on deeds. Somewhere along the chain of property transactions, a deed may have been changed to include the riverbed. Unfortunately, if this happened it was likely done incorrectly..."
http://www.adventuresports.com/river/nors/us-law-who-owns.htm

This is still being ignored and challenged in some places and some folks will get hostile about it, but as far as I have been able to find out, it is the law of the land.
The place where I fly fish has some newer landowners who are under the impression that they own parts of the river, they are finding out different.

Pressing these rights won't do much for good relations with the landowners but it does appear to be legal so if you can access the bank you are free to wander up and down it as you please.

 

Great question Jack, Ive never had to do this but I would think that each time you do go and treat his land like gold (which Im sure we would do) he/she would see that you do indead mean business that you will be clean and will clean up after yourself. Hopefully they will talk to others that they know that own land and you can get more spots. That is my personal take but it seems that it should work.

 

How far back is the bank? Anything traversable within how many feet of the normal high water flow? Here they plant corn on the edge until the edge drops off and then they just move in a little further.

 

As I read it, anything up to the "normal high water" is fair game.

 

Of course, that still leaves you with the problem of access to the bank and the problems of uninformed Landowners and local Constabulary. Might not be worth it for some folks.

 

I have one land owner who allows me access to my favorite spot for smallmouth. And i would have to agree with Gary i treat his land better than i would treat my own. I often stop in say hi to him and sometimes give him some fish or at holidays a ham. This is the same thing i do with the farmers who allow me to hunt their land.

 

Take a little kid with you the first time. Its hard to look a man with his daughter or son in the eye and tell him know you can't fish here. After that they usually will see your true love for fishing and not trashing their land and waterways. I seem to have a lot better luck with my little fishing buddy with me. Most people love to see a kid catch fish.

 

The time to ask permission isn't when a man is mad, tryin to run ya off. I WILL NOT go on property without asking permission. A few will turn ya down but most won't if you act 1/2 desent an don't trash the place out. Also giving landowners a mess of meat don't hurt anything either. As far as that goes, if ya offer to help build a little fence or something it means alot too.

 

To go along with Roger if they have a kid offer to take them also, I know with the crazies out there that it probably isnt an option for the farmer but if you ask if he can join you or something like that. Im sure that if you explained the situation of the ramps and whatnot they may let you. Ask them if they let you have access it will be just you (unless they say you can bring more) and that you will clean up after your done better than what it was before. Do that enough times and word should spread about you.

 

Here in Ks that is a major problem.We only have 3 navigable rivers in the whole state.I am lucky enough that I live near one of them.Access is still horrrible.I have a budy who owns 30 acres on the river north of town but unfortuanatly two dams in wichita block most of the run, so the fishin isntgreat.I still like to go there for the peace and quite.There is a plan to add access points on the river for recreation and canoeing and such but the landowners are fighting it viligantly.I understand their reasoning, people feel the need to get drunk,leave trash and be loud when the go to the river.I personally would be selective as to who I would let on my property but I also understand that most TRUE catmen will respect the property.Most are just looking for a place to get away from all of the crazys that inhabit our easily accessible rivers.It will continue to get worse and more and more will start to charge big money for access, just as good hunting property did.Some would say just go to the lake, but I love rivers.They are peaceful,powerful and are always changing.I better see as much as I can on my river before its too late!