Fishing Forum

Happy Holidays!

Hope the info below warms your spirits and is helpful! []

We are excited to announce a free sample of the book, Public Rights on Rivers: Canoeing, kayaking, rafting, fishing, and fowling rights, river conservation and water rights, is now available for download. See the attached pdf, or go to http://www.nationalrivers.org/PDF/booksample.pdf. The book sample is 23 pages long, and discusses the following:

-The table of contents and the types of questions the book answers
-Ancient uses of rivers
-River law in ancient times
-River uses in North America
-River law in ancient North America
-River uses in colonial America
-The founding principles of American river law
-River uses in the early 1800s
-The development of river law in the early 1800s

The sample helps outline the progression of river uses and law through history, and sets the stage for Supreme Court cases and rulings that follow. The rest of the book focuses on the application of the law, including basic principles of water and river law, which rivers are navigable for which purposes, public recreation rights on rivers, and the role of state law.

We hope you benefit greatly from this information. The good news is: your rights to fish, paddle, and walk along the banks of navigable rivers has been confirmed repeatedly by the highest law in the land, the Supreme Court and Congress. Thanks for supporting the cause for rivers to be "forever free." Enjoy, Happy Holidays!

Best,

Team NOR

P.S. In case you haven't had a chance, check out the national handout and posters, discussing public rights on rivers in the US. http://www.nationalrivers.org/river-law-handouts.html
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"The good news is: your rights to fish, paddle, and walk along the banks of

*NAVIGABLE rivers has been confirmed repeatedly by the highest law in the

land, the Supreme Court and Congress."


*Key word!
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Is it that time of year already? The horse is dead, I repeat the horse is dead!
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[quote catmaster23]Is it that time of year already? The horse is dead, I repeat the horse is dead![/quote]


The horse is alive and kicking. Maybe debating the same old stuff with you two again is a non starter, but the horse itself is alive and well.
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I'd call it repetitious resurrection.

But is necessary to have the horse in every forum?
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[quote RockyRaab]I'd call it repetitious resurrection.

But is necessary to have the horse in every forum?[/quote]


Why not?

Is it necessary to repeatedly "virtually" slap each other on the back for the 10000th time for each cookie cutter cat, 18 inch Strawberry cutt, and 11 inch smallie that we catch? Or to repeatedly b*&%h about powerboaters, trash throwing anglers, and the DWR again and again?
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I'll try to help sum it up. HB141, my rights, his rights, navigable, non navigable , high water mark, greedy land owners, trade routs, Rep. so and so, Gov. what's his face, wasn't posted, can't post it, supreme court, property damage, I pick up garbage, broken fences, ect. kick kick kick kick kick!
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You forgot Conatser and ordinary high water mark. Kick,kick,kick.
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I thought I had forgotten something. My apologies.
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Yes castnshoot, navigable is key! So what type of navigability are we talking about? Rivers that are navigable for Commerce Clause purposes. Why? Because rivers that were navigable in the past for log drives or the fur trade, and are navigable today for boating, fishing, etc., and are navigable for Commerce Clause purposes under federal law, so the public has an easement under federal law to navigate, scout, and portage on such rivers, regardless of who owns the bed and banks of the river under state law.

The goal is to not beat a dead horse, but rather to help demonstrate how using pre-established law in conversations (which most river users, sheriffs, and gov. officials are unaware of) has positive impacts for river access and usage.

Cheers!
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"Yes castnshoot, navigable is key! "

I agree with most of your points.

Only problem is even a dead horse can walk across most water ways in Utah with out getting thier knees wet.
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I navigate every stream I fish.
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Navigable has been established for a long time.

You would be very suprized at how small of a river is considered "Navigable"

[#40a0ff]The vast body of federal regulation concerning navigable waters frequently gives rise to litigation, and in many cases the courts have the difficult job of determining whether particular bodies of water are navigable (and thus subject to the law or regulation in question). Lakes and rivers are generally considered navigable waters, but smaller bodies of water may also be navigable. Attempting to address years of problematic litigation, the U.S. Supreme Court in 1979 created four tests for determining what constitutes navigable waters. Established in Kaiser Aetna v. United States, 444 U.S. 164, 100 S. Ct. 383, 62 L. Ed. 2d 332, the tests ask whether the body of water (1) is subject to the ebb and flow of the tide, (2) connects with a continuous interstate waterway, (3) has navigable capacity, and (4) is actually navigable. Using these tests, courts have held that bodies of water much smaller than lakes and rivers also constitute navigable waters.[/#40a0ff][#ff0000] Even shallow streams that are traversable only by canoe have met the test.[/#ff0000]
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[url "http://legal-dictionary.thefreedictionary.com/Navigable+Waters"]http://legal-dictionary.thefreedictionary.com/Navigable+Waters[/url]
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