
| Search Fishin.com |
Go ahead and wade a non-navigable stream in KY, get cited for trespassing, and then use this as your defense in the local county court. Let us know how that turns out..............Thanks I need a good laugh. Know your rights brother.
From the American White Water website.
http://www.americanwhitewater.org/archive/article/18
"The public can use navigable streams for recreational purposes, including the stream bottoms, despite the fact that streambeds of navigable rivers are owned by the adjacent riparian landowner. Public use of a navigable stream extends to the ordinary high water mark"
Not only do you have the right to wade but you have the right to camp on shoal or stream bank as long as it is below the ordinary high water mark.
State test of Navigability
"If the stream, in its natural condition, is capable of being used for floating vessels, rafts, logs, etc., and has in the past been used for that purpose, the public has an easement in it." It is not essential that the useful capacity of the stream be continuous (all year)"
In other words if you can float it at times with a canoe or kayak your good to go.
