Private vs Public Creeks & Tresspassing

[IronWorker]

Here in Hopkins County we are having problems with certain property owners claiming ownership of the creeks and putting what looks like to be large 4 x 6 NO TRESSPASSING signs out in the middle of the creek channels. These are actual full sized creeks and not a ditch you can jump across from one side to the other. The majority of folks strongly suspect the judges, county attorneys and "the you know whats" are taking sides with the landowners in return for an oportunity to duck hunt on these "private" creeks. Reason being that they pretty much have the entire creeks to themselves for hunting purposes. This is a issue that will never be resolved in the local county court systems nor by any of the local judges dues to the fact the majority of people believe the county attorneys and judges have been bought out and bribed by these land owners.
One of the main problems is there have been more than a few incidents where people claiming to be creek owners have confronted individuals who they accused of being thieves, tresspassers and poachers where a lot of heated words and threats of bodily harm have been made. No only that but from what i understand there have been a couple incidents where guns have been pointed beetween peoples eyes. What is it going to take until tempers flare to the point someone gets severely injured or possibly even killed? The majority of the outdoorsmen around here sincerely believe that the local judges, county attorneys and "the you know whats" are ignoring the problem in favor of having gained entire creeks and wetlands as private hunting grounds for the politically elite and no matter what these public officials say no too many people are willing to believe them.

My question is are there any organizations dedicated to defending sportsmens rights that could be contacted concerning this problem. Im also wondering could this problem possibly be taken to the higher courts?

[zx150]

Google who owns the rivers. There is clear established that defines this. I have the case at work. Only problem is I won't be there for a few days.

[jcb]

My understanding is that everything hinges on whether or not the creek in question has been designated a "navigable waterway".

33 CFR Part 329 - DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES | Title 33 - Navigation and Navigable Waters | Code of Federal Regulations | LII / Legal Information Institute

[Tim_T]

Even if it is navigable it could still be private. In that instance you could float through but if you get out and wade you would be tresspassing.

[kentuckykingfisher]

fish and wildlife say you can float any navigable creek or stream whether its private or not as long as you dont step on the property without permisson. If the so called whos who people in your county arent going to do anything talk to someone in the department of fish and wildlife about your problem and see if you can get any results that way. good luck, kingfisher.

[IronWorker]

Even if it is navigable it could still be private. In that instance you could float through but if you get out and wade you would be tresspassing.

Yes but the situation is one of the property owners grown children didnt think before he spoke and said that "their creek" was posted no tresspassing and when they saw someone on "their creek" in a boat they would go ahead and report them as being tresspassers saying they saw them out of the boat and touching ground even if they didnt see them touching ground. And that was the way they kept people off what they called "their creek". He then said when they saw people near "their creek" but not on directly on their ground they went ahead and reported them as tresspassers so everyone would get the hint to stay well enough away from "their creek".

[Tim_T]

I would call Kdfwr 1-800-858-1549 and ask to speak to law enforcement.

[RoadToad]

Federal law says that the states own them, and if it's a navigable waterway, the creek itself can never be considered "private" under Kentucky law. Here's a nice article from a circuit court judge explaining that:
Public dominion of Kentucky waterways » Opinion » Commonwealth Journal

And to be considered "navigable," it has to be traversable by boat without the help of damming or anything else that unnaturally raised the water level. The Supreme court standard is whether or not it was navigable at time of statehood:
http://www.klgates.com/files/Publica...ugust_2012.pdf

[HURRICANEBOB]

Go the the local couty courty house or Real Estate Records/Property Vauation Office and request a copy of the deed for the property. they are public records and even if you don't own the land you can obtain a copy.

The look for Raparian Rights noted in the deed.

Riparian rights include such things as the right to access for swimming, boating and fishing; the right to wharf out to a point of navigability; the right to erect structures such as docks, piers, and boat lifts; the right to use the water for domestic purposes; the right to accretions caused by water level fluctuations. Riparian rights also depend upon "reasonable use" as it relates to other riparian owners to ensure that the rights of one riparian owner are weighed fairly and equitably with the rights of adjacent riparian owners.[1]

Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land about its source. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law heritage, such as Canada, Australia, and states in the eastern U.S.

Common land ownership can be organized into a partition unit, a corporation consisting of the landowners on the shore that formally owns the water area and determines its use.

The deed ot title to the property will include the righs that were transfered to the owner on purchase.

Do not get this mixed up with Littoral rights which refers to rights concerning properties that abut an ocean, sea or lake, rather than a river or stream (riparian). Littoral rights are usually concerned with the use and enjoyment of the shore.[1]

An owner whose property abuts tidal waters(i.e oceanfront) owns the land to the mean low water line or 100 rods below mean high water, whichever is less. The land between low water and high water is reserved for the use of the public by state law and is regulated by the state.