12-05-2013, 10:51 PM
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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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!
[signature]