Are creeks/waterways considered public property?

[Ambu]

Nevermind.
Typed this whole thread, posted, and then delted because I realized I'm just gonna stir the pot.
Delete please

 

[Stschil]

Yeah, another Disregard Thread!



Seriously, though, it's a good question. I would think that rivers would be, but the banks bordering them are not. Creeks? Hmmmmm, if it passes through private land, I think I would ask permission of the owner first.

I'm actually interested to know the answer.

 

[Gunaria]

Lookin for places to go snake hunting I see.

 

[bigdawgtrucks]

Some are, some aren't. NRC: Roster by County

 

[onesurveyor]

This is a bees nest with land owners. As a land surveyor I hate any boundary or ownership issues with rivers and creeks. If in doubt talk to the land owner.

 

[upacreekk]

Depends on the state...

Water laws are complicated. Some waterways are public below "the oridinary high water mark", some are to the middle of the waterway, some depend on whether or not it's "navigatable", some are yes and some are no, all the time. Usually, however, it is the same within the entire state and the same rule applies almost everywhere in the state.

 

[dbrier]

Water laws are complicated. Some waterways are public below "the oridinary high water mark", some are to the middle of the waterway, some depend on whether or not it's "navigatable", some are yes and some are no, all the time. Usually, however, it is the same within the entire state and the same rule applies almost everywhere in the state.

Close, but not quite.
Take a look at this webpage. I know it's not as black and white as I'd like, but it will give you some background. DNR: About the Guide & River Rights. BTW, I work for the Division of Outdoor Recreation and put that webpage together.
The short version is that if a stream is listed on the navigable waterways list, then the water and stream bed are held in the public trust and useable by everyone. If the stream is NOT on the list, then the water is still a public resource, but the stream bed is privately owned. That means don't get out of your boat.

There are no provisions to allow you on the banks or be above the ordinary high water mark.

If anyone is really serious or has questions, give me a call at work.

Dale
DNR: Contact Us

 

[bigdawgtrucks]

Close, but not quite.
Take a look at this webpage. I know it's not as black and white as I'd like, but it will give you some background. DNR: About the Guide & River Rights. BTW, I work for the Division of Outdoor Recreation and put that webpage together.
The short version is that if a stream is listed on the navigable waterways list, then the water and stream bed are held in the public trust and useable by everyone. If the stream is NOT on the list, then the water is still a public resource, but the stream bed is privately owned. That means don't get out of your boat.

There are no provisions to allow you on the banks or be above the ordinary high water mark.

If anyone is really serious or has questions, give me a call at work.

Dale
DNR: Contact Us

That would be the list in the link that I posted above, correct?

 

[dbrier]

yes

 

[JBob77]

I always heard, if you have legal access to where you enter the water, you can go anywhere in it as long as you don't get out of the boat, or drag the bottom on your way through.

 

[dbrier]

That's pretty much it.

 

[Hookeye]

Close, but not quite.
Take a look at this webpage. I know it's not as black and white as I'd like, but it will give you some background. DNR: About the Guide & River Rights. BTW, I work for the Division of Outdoor Recreation and put that webpage together.
The short version is that if a stream is listed on the navigable waterways list, then the water and stream bed are held in the public trust and useable by everyone. If the stream is NOT on the list, then the water is still a public resource, but the stream bed is privately owned. That means don't get out of your boat.

There are no provisions to allow you on the banks or be above the ordinary high water mark.

If anyone is really serious or has questions, give me a call at work.

Dale
DNR: Contact Us

I heard that explained further as:

If it's still an island at flood stage it's private property. If the island is submerged at flood stage then it's part of the stream bed and considered public- on Navigable Streams.

If true, then one should drive along the stream when at flood stage and see what islands are still visible.

 

[dbrier]

That's pretty close, but some of the islands above the flood might be useable too.
The law doesn't mention anything about flood levels. The ordinary high watermark (OHW) is sort of defined by floods, but it doesn't correspond to a direct flood level. If it were that easy, we could use topo maps as legal boundaries.

On non-navigable waterways, the islands are always owned, generally by an individual and should be considered private.
An island in a navigable waterway is more complicated. In the situation you describe, the island may be usable.
You are very correct about islands the don't have an OHW, and generally no trees. They are considered part of the stream bed and you are good to go. Sandbars and gravel bars at the edge are the same way. Those are utilized by many river users.
If the island has banks and it's own OHW, and is not owned by someone, it's considered public. The problem arises that some of the larger islands on navigable rivers (especially larger rivers like the Wabash) are privately owned. People have deeds to the them. Unfortunately I don't have a listing of what those are. You would have to research that county by county at the recorders office. On smaller rivers, it should not be a problem.
An island you can still see during a flood on a navigable river is not automatically off limits.

The Wabash River Heritage Corridor Commission (WRHCC) spent 30 minutes at the last meeting discussing this exact issue. They want to do some research on the ownership of the islands so they can let the public know which ones are good for camping and open to the public. They are working on making the Wabash River a full water trail, so they want as much public access listed as possible.

 

[Bunnykid68]

Disregarded