Cumberland R. wading question...

[jcb]

http://www.bluegrasswildwater.org/bw...?5,15547,15575

[GeoFisher]

http://www.bluegrasswildwater.org/bw...?5,15547,15575

That is good to know............I believe I had that ******* come out and tell me he could shoot me for trespassing, when I was wading Elkhorn creek so many years ago.

I stopped wading it due to the threat........

[DHart]

Thanks for all of the input.

I really appreciate the post by jcb in regards to a ruling by Judge Shepherd.

But folks, here's the confusion, and bear with me, please.

Yesterday, I thought about checking to see what Ky Dept. of Fish and Wildlife had to say about this. They have an 800 number you can call with questions; didn't know that until I looked it up.

I was told that a property owner's rights extend to the "riverbed". I was told that I need permission to wade even if I enter the river from an adjoining public property and don't touch the shoreline going up or down river.

So I looked at a property map online (AcreValue, which requires you to sign up), and see that property lines stop at the river. Very confusing.

So now I wonder if KDFW is aware of the ruling posted by jcb.

I guess I will check with the property owner, if possible, in the area I want to wade. If that doesn't work, I'll just go down to the Burkesville landing. Heck, doing catch and release anyway, and just want to fish...

[jcb]

Thanks for all of the input.

I really appreciate the post by jcb in regards to a ruling by Judge Shepherd.

But folks, here's the confusion, and bear with me, please.

Yesterday, I thought about checking to see what Ky Dept. of Fish and Wildlife had to say about this. They have an 800 number you can call with questions; didn't know that until I looked it up.

I was told that a property owner's rights extend to the "riverbed". I was told that I need permission to wade even if I enter the river from an adjoining public property and don't touch the shoreline going up or down river.

So I looked at a property map online (AcreValue, which requires you to sign up), and see that property lines stop at the river. Very confusing.

So now I wonder if KDFW is aware of the ruling posted by jcb.

I guess I will check with the property owner, if possible, in the area I want to wade. If that doesn't work, I'll just go down to the Burkesville landing. Heck, doing catch and release anyway, and just want to fish...

They're aware. At least they were when it was issued. I don't want to speak for KDFWR, but my guess is that they are being super cautious as an institution its size is likely to be. Limits their liability.

I'm not a lawyer, so I don't know if Shepherd's ruling make it "settled law" or not. That's one of the points I made earlier, is that waders like me still need to be aware that landowners may not be up-to-date (or even care at all) about what the latest court ruling may be. Where I wade I know pretty much all the property owners, so it's not an issue.

[DHart]

Good point, jcb.

I am planning on wading an area I waded last year, and I talked to the property owner everyday from the river. He was on his back deck. I think if he had a problem with me being there, he would have said something, but it was friendly communication.

I'll just make sure this time.

Only problem I have ever had wading was in Michigan, fishing for salmon. I knew I had to stay in the river, but I leaned against the bank while standing in 3 ft of water. Owner came out and told me not to lean against his property, and made sure I saw his pistol in his holster.

[jcb]

Good point, jcb.

I am planning on wading an area I waded last year, and I talked to the property owner everyday from the river. He was on his back deck. I think if he had a problem with me being there, he would have said something, but it was friendly communication.

I'll just make sure this time.

Only problem I have ever had wading was in Michigan, fishing for salmon. I knew I had to stay in the river, but I leaned against the bank while standing in 3 ft of water. Owner came out and told me not to lean against his property, and made sure I saw his pistol in his holster.

A friend took me once to the South Fork of Elkhorn to water I'd never fished. Got about 1/4 mile upstream and grandma came busting out of a trailer, no joke, to the sound of her pumping a shell into the chamber.

We quickly agreed her interpretation of wading rights was correct!