Floating non-navigable water

[MetalFish513]

There is a spot on the creek that I frequently fish where the public land meets private land. I am always very respectful and stop at the private property line when wading but there is a good stretch of the creek there that I would love to fish. Although the entire creek is not floatable, the water in this particular area is and I could easily put my little jonboat in on public land and float through it. I would just have to stop at a certain point, turn around, and return to the public land to pull out. So my question is would that be legal as long as I stay in my boat? Keep in mind the ENTIRE creek is NOT floatable. I don't know if that plays a roll in this or not.

[Brandon__]

There is a spot on the creek that I frequently fish where the public land meets private land. I am always very respectful and stop at the private property line when wading but there is a good stretch of the creek there that I would love to fish. Although the entire creek is not floatable, the water in this particular area is and I could easily put my little jonboat in on public land and float through it. I would just have to stop at a certain point, turn around, and return to the public land to pull out. So my question is would that be legal as long as I stay in my boat? Keep in mind the ENTIRE creek is NOT floatable. I don't know if that plays a roll in this or not.

As long as your not touching the bottom not a word could be said legally.. No one can own creek water

[Tim_T]

As long as your not touching the bottom not a word could be said legally.. No one can own creek water

I am not sure this is true on non-nagivable waterways. If I were you I would call KDFWR at Frankfort (1-800-858-1549) and ask to speak with someone in lw enforcement and get it clarified first.

[roadrunner]

I would recommend you get their answer in writing or email so you have proof not just he/she said in case you need it.

[Longdrive]

Have you considered asking the land owner? The worst they can say is no.

[MetalFish513]

If I could find a way to speak to the landowner I would ask them but I've never seen them nor can I see a house or anything from the private property line. Just a bunch of no tresspassing signs. I'll have to call and see if it's legal. The more I've thought about this the more I'm sort of leaning towards forgetting about it... That is unless I can find some way to speak to the landowner. Even if it is legal there's nothing that ruins a good day of fishing quicker than arguing with somebody about wether or not you should have been fishing there. And who's to say even if I do have documentation to win the argument that it'd even be safe to fish there a second time. You just never know with people these days. To me it wouldn't be worth it.

[Brandon__]

I am not sure this is true on non-nagivable waterways. If I were you I would call KDFWR at Frankfort (1-800-858-1549) and ask to speak with someone in lw enforcement and get it clarified first.

this may sound stupid but what defines "non-nagivable waterways"? When i used to bank fish alot, i was under the impression that if you were in the water you were not on private property, after a discussion with a CO about the matter i soon found i was wrong, with saying that he did tell me that if i were in a boat i was not trespassing because no one could own the water.

maybe you could contact KDFW and get us all an answer.

[sweetwater]

I'm sure that, according to the law, you can float the creek as long as you don't touch bottom. The question is, does the landowner with the no tresspassing signs know what the law is and could he be mentally disturbed? I don't think it's worth the risk.

[MetalFish513]

this may sound stupid but what defines "non-nagivable waterways"? When i used to bank fish alot, i was under the impression that if you were in the water you were not on private property, after a discussion with a CO about the matter i soon found i was wrong, with saying that he did tell me that if i were in a boat i was not trespassing because no one could own the water.

maybe you could contact KDFW and get us all an answer.

As I understand it "navigable waters" are waters you can reach without stepping out of your boat/canoe/kayak if you were to start from a major water way. In this particular area that would not be possible unless the water was up really high in which case would be too dangerous for my little 10ft jonboat.

[TubeFlipper23]

Pretty sure the law is ten foot from where the water meets the bank inland on both sides.

[jcb]

Pretty sure the law is ten foot from where the water meets the bank inland on both sides.

The laws vary state to state, but I'm pretty sure there is no such thing as a ten-foot rule in KY.

[restornator]

The laws vary state to state, but I'm pretty sure there is no such thing as a ten-foot rule in KY.

actually its a federal law. The US Gov. controls all navigable water ways. You would have to find out through the USGS which small rivers and creeks are listed as navigable.