Re: fishing spots on white river?
Your not correct in your interpretation. If you read the Part 2 entitled Establishing a Roster. It explains that the list is based on Judicial findings. There has not been a judial rulling declaring White Lick Creek Navigable or Non-Navigable this is why it is not on the list. Until there is a ruling then you claim of water ownership is invalid.
In fact if you read the definition of Navigability in Section 1
State legislation also establishes regulatory functions that rest upon a determination of navigability. For example, a permit is typically required from the Indiana Department of Natural Resources before a person can
place, fill, or erect a permanent structure in;
remove water from; or
remove material from
a navigable waterway. IC 14-29-1-8 and 312 IAC 6.
This being the State Definition then White Lick Creek is indeed a navigable Waterway. You cannot build a bridge, dump treated water (Brownsburg, Avon, Plainfield and Mooresville) or mine without a DNR permit. Try building a dam on your property on White Lick Creek and you'll find out it is navigable.
As noted on the site you provided White Lick Creek has not been declared or ruled non-navigatable. Therefore you may canoe/Kayak/Float.... However wading is a different matter. Also not listed is Big Walnut Creek for which both Hendricks County and the State have built canoe/kayak launch sites.
Also not mentioned in Putnam County is Raccoon Creek below the dam. This stretch of creek has a canoe Livery.
So although you may claim ownership of the water that doesn't make it yours per the State of Indiana.
Re: fishing spots on white river?
Good info and interpretation, but as you said...............wading is a different matter and White Lick is still owned by the landowners that adjoin it. That was/is my whole point. Granted the state isn't going to let the land owner build a dam and flood the whole county........that's why that particular stipulation is in there......kinda common sense.
Re: fishing spots on white river?
As far as canoeing..................if you touch the ground our tresspassing. As soon as you park your truck on the county road and walk down to the creek to launch your canoe your tresspassing.
I guess if you launch your canoe from a helicopter, only touching the water, you might get away w/ it!
I don't have to argue this point too much as the courts and law enforcement have backed me up in several tresspassing situations.
Re: fishing spots on white river?
Tobias...I understand your position as a landowner and creek fisherman. I have fished in many a small creek around Bloomington for smallies, and know that too much pressure can ruin it! However, I guess most of us are lucky that not all landowners feel like you do about trespassing....then again most of these landowners don't wade fish or know what they are missing!
Re: fishing spots on white river?
[QUOTE=Tobias;366228]As far as canoeing..................if you touch the ground our tresspassing. As soon as you park your truck on the county road and walk down to the creek to launch your canoe your tresspassing.
I guess if you launch your canoe from a helicopter, only touching the water, you might get away w/ it!
I don't have to argue this point too much as the courts and law enforcement have backed me up in several tresspassing situations.[/QUOTE]
I think you're wrong here ..........
The state owns the land that bridge foundations are laid on.......So, the Land that supports the bridge, as well as any drainage put in beside the bridge..........where I put my canoe in.......is STATE property.
Later,
Geo
Re: fishing spots on white river?
[QUOTE=lroberts;366235] However, I guess most of us are lucky that not all landowners feel like you do about trespassing....then again most of these landowners don't wade fish or know what they are missing![/QUOTE]
I guess all those times that my friends and I were wading it in our teenage days, we were tresspassing. Funny, most of the time we started in northern Brownsburg or Avon or Prestwick. Nobody ever said anything to us.
Re: fishing spots on white river?
Your correct......the state/county does have an easement for their bridge. The landowner ownes up to that easement, but do some research! There's a difference between and easement and the state owning the property.
Don't get me wrong guys........I'm not against people fishin the creeks. But when I get home from work every other day and see 2-3 trucks parked at the bridge and 6 guys wading down through my property carrying stringers on their side it gets very frustrating.
Re: fishing spots on white river?
Just get your shotgun and shoot a warning shot over their heads............... or just get over it, fishing is fun and if you are concerned have a talk with them, have them pick up some trash for the convenience, most people aren't idiots, I think they would be willing to cooperate.
Re: fishing spots on white river?
One would hope that anyone fishing for smallies in a creek would be smart enough to practice catch and release.....a fisherman who keeps smallies should be treated as bassman409 suggested above!
Re: fishing spots on white river?
The best thing about fishing is learning as we go.The best advice to give is? Grab a delorme and start scouting new waters. You may also want to hit the IDNR web site for regulations on size as some creeks/rivers have been protected with trophy size limits and the fines are steep if caught with a fish under the trophy size.
As for tresspassing? If you enter on public land, i.e. a bridge, put-in or take-out your allowed to the high water mark without peril of being arressted. This is a gray area and a copy of the high water mark code should be carried with you as some DNR officers and local law enforcement are unaware of what is indeed legal and what is not.
If you want to learn more about smallmouth fishing regulations and a complete copy of the navigation/high-water mark ruling, go to;
[url]www.indianasmallmouthalliance.org[/url]
They are a smallmouth conservation group protecting Indiana's waterways and their favorite species.
Ray Rigby
Re: fishing spots on white river?
I see you have been lurking. Good to see ya posting Ray! Have you been on em at Bville yet?
Re: fishing spots on white river?
We got on the Walleye pretty good last fall and early winter. Got a couple decent smallies, but the eye's were hitting so well we kind of stayed with that till it got froze:D I am hoping to get over there in the next week or two before I miss out on the prespawn action. Unlike some in the construction industry we have been swamped for some time and doesn't look like it is letting up anytime soon, for us anyway.
Ray Rigby