Discussion in 'Fly Fishing Forum' started by Andrew H, Feb 8, 2014.
There's nothing like an asshole to screw up a days fishing.
That sign looks like it would float.
Also illegal to work in a stream bed without a permit in most cases. Report the fence to WDFW.
Don't you guys have legal right to 30 round magazines, seems like the right approach to me.
And this is, at least partially, why I love fishing lakes. Plenty of nice ones, surrounded by private property...but with a public access point. Got something that floats...you can fish the whole damn lake. Never been hassled by a landowner yet (hell...half the time I get a friendly wave, since they can see I'm C&R'ing them) though there's been more than a few times I've had a f&g officer wanting to check my credentials when I came ashore.
There are a few rivers in the state where landowners do own the river bed.
There are many, actually. But it does not change your ability to legally access below the OHWM, if the river meets the condition of being navigable. Every river within my county has property lines running down the middle of the river, or the river bed is included in the legal description. Many deeds are written noting the center of a river/stream as one edge of a property.
I've heard of a some places where people even claim one cannot float (Little Spokane?), which knocks me down. Waters of our state are all the property of the state. It could be legal to float and not use the river bottom, if a legal ruling has determined a river is not navigable, but you can actually float it.
Edited. I did a little research, and there are some situations where the state did grant ridiculous titles. Not sure how these would hold up to the Public Trust Doctrine, since the Fed. government reserved the rights at statehood to regulate navigable waters and the Public Trust Doctrine is a federal idea.
The Icicle River is probably the most wellknown example of a river bed being private property. At least on parts of it, the high water mark doesn't mean shit when it comes to public access.
What determines the "Ordinary" HWM for a particular river and where would you find that information? Is the flood stage used to determine that?
More than a couple times when bass fishing I have had people confront me about fishing in front of their house. A couple of times they have told me I had no right and it was their property. This is all from a boat on lakes with a public launch.
Yep, the Little Spokane is one of those rivers, that landowners own everything! They run fences across the water, and over the years has had its ... "issues".
Kind of a bummer, as that river has some absolutely monster, MONSTER fish in it.
I think putting a line across a river like that could be dangerous is some one was floating it and not paying attention..... Some people are just douche bags. I would fish it. If property owner wants to say anything be polite and worse case call the fuzz if its getting out of hand
This would be an example of one of these douche bags......
Well, that's the way it is....we get no public defense from our government to protect our rights, so if you want to fight it, it is with your own money (ie lawyers).........do you feel lucky?
I remember this from my bass days. My favorite was the couple that claimed the bass under their dock as their "pets". They were very upset when I landed one and then let it go. I just smiled at them.
I imagine that both sides of this argument feel the same way. Landowners feeling like their rights are not defended and the general public feeling like their rights are not defended. I'll have to admit that with the large gap in income equality in our country, I tend to side more on the general public.
OHWM is generally the elevation adjacent to the water body that has lasting traces of contact with the surface...it may or may not be the flood stage. OHWM for property boundaries is generally not ths same OHWM that an environmental regulatory body would use (such as in the administration of the Shoreline Act).
Probably the best place to find the current property line OHWM would be the respective county, since they base property rights and taxable acreage on its location (which can change, of course, over time due to erosion and deposition).
I'm all over that income inequality thing. Jim McNerney made $27,500,000 in 2012... I simply don't don't know how he and the family are getting buy.
A lot of years ago, I spoke with the folks at the BLM and they told me that there are only two navigable rivers west of the Mississippi that are privately owned to the center of the river. One of them is the Little Spokane River. I also talked with a retired law enforcement officer and he told me the the trespass law in Washington states that trespassing is defined as the uninvited presence of someone, onto or into someone else's property, with the intent of committing a crime. Then again, some hothead with a gun isn't the person to be discussing legalities with.
I believe my statement about trespass laws has been addressed in a future reply to this thread. And, I've corrected my statement from "east of the Mississippi" to "west of the Mississippi.