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+--- Thread: A couple more questions? (/showthread.php?tid=446925)
A couple more questions? - kngfish - 10-12-2008
[font "Times New Roman"]Thanks again for all the replies on my last post! [/font]
[font "Times New Roman"]I am just going to keep asking all the silly to serious questions I ask myself every time I go fishing. You may have answered to similar questions for all I know, but I learned from my last post, So ill keep asking and keep learning, I’m guessing you don’t mind [angelic] [/font]
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[font "Times New Roman"][:/]I know you have heard this but, a question about the river law through private land I have seen several post about it, read about it online and even went in to DNR and asked about it, but I still question somethings.[/font]
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[font "Times New Roman"]I have to stay in the water to be legal correct? [/font]ß[font "Times New Roman"](Pretty sure that’s a Yes) And respect the land of course! So with that in mind is their consideration of changing that to high water mark? Primarily, for spawning reason at the least? The fellow at the desk at DNR didn’t really know for sure.[/font]
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[font "Times New Roman"]Back to basics for me again- When tying on a fly, would it matter what way you thread the eye of the hook? The more I think about it the more I question, why it even would? [/font]
[font "Times New Roman"]Like I said some questions may be silly.[/font]
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[font "Times New Roman"]I have a few other questions, but ill try not to overwhelm any one post with to many at one time and just see what questions this brings up.[/font]
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[font "Times New Roman"]Thanks again in advance![/font]
[font "Times New Roman"]Kngfish[/font]
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Re: [kngfish] A couple more questions? - sinergy801 - 10-12-2008
kngfish, you are correct about the Private Land questions, you are allowed to go on private land up to the high water mark, you also can access the land if it is in-passable through the river but you cannot enter the river from private land.
On your second question doesn't really matter which direction you thread the eye through just a good knot I know allot of people use and improved clinch knot . Heres is a knot I tie all my dries with:
http://www.midcurrent.com/articles/knots/kreh_mono_loop_knot.aspx
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Re: [sinergy801] A couple more questions? - kngfish - 10-12-2008
[font "Times New Roman"]Sinergy801,[/font]
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[font "Times New Roman"]You say you’re allowed to go up to high water mark?[/font][font "Times New Roman"]That means you don’t have to stay in the water then?([/font][font "Times New Roman"]That would solve disrupting the spawning beds question then) [/font]
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[font "Times New Roman"]But the fellow at DNR said you have to actually be in the water and this is where I get
again.[/font][font "Times New Roman"][/font]
[font "Times New Roman"]High water mark only makes sense but when I read post they get too detailed for me to understand, start speaking out of laymen terms and you’ll loose me.[crazy][/font]
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[font "Times New Roman"][:/] So now I question my first question again? Can anyone confirm that?[/font]
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[font "Times New Roman"]Because if that’s true and you can be anywhere in the high water mark then that would mean the fellow at the help desk at DNR is passing on the wrong info.[/font]
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[font "Times New Roman"]In less they just changed the law again with in the last two weeks since I went in there?[/font]
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[font "Times New Roman"]I hope your right about the high watermark but that’s why I asked the question. Talking with other anglers and friends I have found there to be lots of misunderstanding.[/font]
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[font "Times New Roman"]Just trying to get a better understanding of the situation.[/font]
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[font "Times New Roman"]As for the knot thing I think I have that pretty well dialed in. I will check out the link though, thanks[/font]
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[font "Times New Roman"]Thanks again,[/font]
[font "Times New Roman"]Kngfish[/font]
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Re: [kngfish] A couple more questions? - MI_Steelheader - 10-13-2008
The high water mark question has yet to be decided in Utah. Other states (for example Montana and Michigan) use the high water mark. The DWR on its website references this fact and then adds a disclaimer that the issue has not yet been settled here in Utah.
Other states have also made provisions for things like "safe wading." In many cases this means that an angler can leave the stream bed to pass a dangerous obstacle (fast current, logjam, etc).
It makes little sense to require everyone to keep their feet in the water. As a pratical matter this would mean encouraging anglers to slosh through the middle of spawning beds and otherwise degrade the stream bed.
A friend of mine was fishing some private water this summer (within the high water mark) but he was standing on a very small gravel bar in the middle of the river. The landowner had paid someone to sit on the bank and take pictures. This individual took a picture of my friend and then informed him that the landowner had taken the position that the State Supreme Court Ruling required anglers to keep their feet in the water and asked him to leave.
If you are fishing in an area where the landowner takes this position you can either stay in the water to avoid a confrontation, or assert your right to stay within the high water mark, wait for the sheriff to come out and give you a ticket and then take it to court in order to become the test case for defining what constitutes the "streambed."
Be respectful of the private property, stay within the high water mark, and you should be fine in most cases. I'm sorry that there is not a more definitive answer on this.
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Re: [kngfish] A couple more questions? - sinergy - 10-13-2008
OK Sorry for the late reply took some time to really try to nail down your question concerning Private land access:
Theres DWR's Take on it:
The best indicator of the ordinary high water mark is the vegetative line on the banks of a water body where topsoil, grass, shrubs, and trees occur in a manner consistent with an area that is not routinely flooded.
[ul][li]A word of caution — Since the Court did not specifically define the term "bed," law enforcement agencies across the state may interpret bed more narrowly to include only that portion of the bed actually covered with water.[/li][li]Activity outside the ordinary high water mark — The Supreme Court did not find or conclude that the easement allows the public to leave the surface or bed of the water body on private property without permission of the landowner.[/li][/ul]To read the entire body of the report:
http://wildlife.utah.gov/fishing/waters_access.php
I also spoke with a summit county sheriff while I was fishing the Weber near Wanship and his take on it was
Walking along the riverbed and the high water is ok some shore access it also allowable but if it taped off or fenced off then you are trespassing
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Re: [sinergy] A couple more questions? - kngfish - 10-14-2008
[font "Times New Roman"]Ok well thanks guys for keeping the answers simple, I think you answered my questions.[/font]
[font "Times New Roman"]Sounds like as long as I respect the property owners land (the river that runs through the property) and do my best to keep next to the water or in the water I should be fine.[/font]
[font "Times New Roman"]So far I haven’t had a problem but that’s the idea, I’m trying to avoid the confrontation, so thanks again![/font]
[font "Times New Roman"]I’ll move on to my next question which steelheader has already picked up on [
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Re: [kngfish] A couple more questions? - sinergy - 10-14-2008
I had a chance to talk to a rancher and some don't care as long you dont mess with there livestock and the dwr keeps the checks coming they could care less. But there are some who are freaking livid over the desion. Like mentioned earlier just respect the landowners rights.
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