anyone know?

[coombro]

Rivers and streams are public waterways to any and all. Most water ways are bordered by private property. Get out of your vessel step on shore and your trespassing. No problem I understand. There are many old mill dams on Ky.waterways that no longer serve a purpose, however can create a dangerous hazard to a vessel and persons on board. You either go through hazard or portage around. Kwfd says if you step out of boat into water you are trespassing and that in this situation you should turn around and go back upstream. No right to portage on private property to avoid said hazard? These are man made obstacles and shouldn't we have a right to portage around them? Not like Mother nature put them there. I ask because we have that situation here in White Mills and owners will call law on you rather than let you portage around said obstacles. I really appreciate any input you guys may have on this situation.

[jcb]

Isn't the difference whether or not the waterway is designated as navigable? I always understood if a waterway was designated as navigable you had the right to portage around low water, obstacles, etc.

[coombro]

Isn't the difference whether or not the waterway is designated as navigable? I always understood if a waterway was designated as navigable you had the right to portage around low water, obstacles, etc.

Its defiantly navigable low water impossible to go over yet higher water can be extremely dangerous. One side of ol' mill dam is bluff other is flat land. Got to be a loop hole somewhere?

[Tim_T]

Coombro, it is my understanding that there are no easements at Elkhorn, so the landowners own the stream bottom and while you can float through it, if your feet touch bottom you are tresspasing. KDFWR has a new program where they are negotiating landowner access in different areas and Elkhorn is one of them so access could be improving there. It doesn't seem right that someone can actually own the stream bottom but unfortunately they do.

[coombro]

Coombro, it is my understanding that there are no easements at Elkhorn, so the landowners own the stream bottom and while you can float through it, if your feet touch bottom you are tresspasing. KDFWR has a new program where they are negotiating landowner access in different areas and Elkhorn is one of them so access could be improving there. It doesn't seem right that someone can actually own the stream bottom but unfortunately they do.

Yeah my deed reads to the middle of the Nolin river is my boundary and KWFD says you step out that boat even though your in the water your trespassing. Guess your not if waters deep enough you can't touch. After conversation with KWFD today you have no right to be able to portage around the obstacle man made or not. You only option's are to go over it or turn around and head back up stream. Then again if you step foot on said obstruction your trespassing? Go figure. Got to be a loop hole to this some where.

[kyfanatic]

While I sympathize with you,I have an opinion from a landowners perspective.I grew up on a farm with a big creek and Licking river frontage.My dad always allowed people to fish,but bank fisherman threw so much trash around that he got tired of us cleaning up after them,we lost several geese to fishing line,bank fisherman weren't the only culprits.Boaters would throw their fair share of trash,overnight paddlers would camp on the banks and burn everything for firewood they could get their hands on.
The way I see it,if I pay taxes on that property and have had past problems with boaters and fishermen,why should I put up with it?
As a fellow fisherman I try to do my part to keep good relations with landowners,I have access to many places on private land that most people don't for this reason.I think I would check state statutes about obstacles in a river or creek to see what can legally be done.

[coombro]

While I sympathize with you,I have an opinion from a landowners perspective.I grew up on a farm with a big creek and Licking river frontage.My dad always allowed people to fish,but bank fisherman threw so much trash around that he got tired of us cleaning up after them,we lost several geese to fishing line,bank fisherman weren't the only culprits.Boaters would throw their fair share of trash,overnight paddlers would camp on the banks and burn everything for firewood they could get their hands on.
The way I see it,if I pay taxes on that property and have had past problems with boaters and fishermen,why should I put up with it?
As a fellow fisherman I try to do my part to keep good relations with landowners,I have access to many places on private land that most people don't for this reason.I think I would check state statutes about obstacles in a river or creek to see what can legally be done.

I couldn't agree with you more. I for one clean a 10 mile stretch of the Nolin river every summer. Tires I bet I've pulled out over 1,000 of them in the past 10 yrs. You name it and I've pulled it out of this river probably. People do take advantage and can ruin a good situation. You may have a good thought there on the state regulations as I have only been in touch with KWFD.

[kyfanatic]

I didn't read through all the statutes in this section but here are 2 links to the statutes that would pertain to your situation,the 1st link is what I thought was the actual statute,the 2nd is a link to the whole section where you might find more info than my 1st link,Happy Reading =

http://www.lrc.ky.gov/KRS/151-00/210.PDF

http://www.lrc.ky.gov/KRS/151-00/CHAPTER.HTM

You might look under chapter XII here for other laws as well
http://www.lrc.ky.gov/krs/titles.htm

[coombro]

Thanks kyfanatic, man there sure is a lot of stuff on those links!