fishing spots on white river?

[idbefishing]

Where is White Lick Creek?

You must be new to BBurg, White Lick runs all the way thru Hendricks county. Google it, you will find it.

[Tobias]

Here's an idea...............grab a fishin pole and go fishin! Do what the rest of us have done and go find places that are productive on your own!

Internet has ruined many good smallmouth waters and White Lick is on the top of that list. It has suffered since every Tom, ****, and Harry has said, "Hey man, (this creek) is full of smallies"!

By the way........check the DNR webpage for "navigatable" waterways! White Lick isn't on that list...........therefore if you don't have permission you ARE TRESSPASSING! I live on the creek and have had the CO out a dozen times this year already for people tresspassing. It's always the same excuse..........."I'm just fishin the river." Check the laws before you go out wading guys!

[idbefishing]

What he said^^^^^^ except for the ruined part. It's still pretty darn good. Not a whole lotta peoples willing to go wading so I think it will be much longer before I start gettin worry.

[Tobias]

There might or might not be alot of people wading, but 90% of them are trespassing! Unless your in a park, have permission, or the "flow" is deemed "navigatable" by the state, it's NOT fishable.

People just need to know the law before they start parking on every bridge around and think it O.K. to fish just because is a creek or river!

[idbefishing]

So let say that if a person was on a canoe or float tube or something like that. Would he/she still be tresspassing? The property owners own the land but they don't own the water right?

[BassBoy00]

So let say that if a person was on a canoe or float tube or something like that. Would he/she still be tresspassing? The property owners own the land but they don't own the water right?

That's what i'm saying if i'm walking in the water and not on land. The persons land should end at the water. I don't think they own the water it's a state river. I don't even know the place you are talking about. I just thought it's interesting what your saying.

[Tobias]

If a creek that is 3 ft. wide runs through your backyard does that give me the right to be in your yard whenever I want as long as I'm in the water?

That's why the state designates streams and rivers and "navigatable" and "non-navigatabl." If it's "navigatable" then you may hunt, fish, or trap as long as your w/in the "high water" marks. Basically inside the grass line or flood markings. You can be on the sandbars as long as it's w/in those confines.

If it's a "non-navigatable" stream then the adjoining property owners own that property including the stream. Say you wanted to push the issue of the state owning the water...........as soon as any part of your body touches that creek bed your tresspassing. Secondly, how can you say that a person's property stops at the waters edge? If that was the case I'd have to have a surveyor out everytime it rains!

[Tobias]

[COLOR=#0000ff]http://www.in.gov/nrc/2393.htm[/COLOR]

Here's the link for the "navigatable waterways." If a stream or river is NOT listed here by the DNR then you must have permission as it IS PRIVATE PROPERTY.

[billm_usa1]

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.

[Tobias]

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.

[Tobias]

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.

[lroberts]

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!