Private vs Public Creeks & Tresspassing

[Tim_T]

Even if it is navigable it could still be private. In that instance you could float through but if you get out and wade you would be tresspassing.

[kentuckykingfisher]

fish and wildlife say you can float any navigable creek or stream whether its private or not as long as you dont step on the property without permisson. If the so called whos who people in your county arent going to do anything talk to someone in the department of fish and wildlife about your problem and see if you can get any results that way. good luck, kingfisher.

[IronWorker]

Even if it is navigable it could still be private. In that instance you could float through but if you get out and wade you would be tresspassing.

Yes but the situation is one of the property owners grown children didnt think before he spoke and said that "their creek" was posted no tresspassing and when they saw someone on "their creek" in a boat they would go ahead and report them as being tresspassers saying they saw them out of the boat and touching ground even if they didnt see them touching ground. And that was the way they kept people off what they called "their creek". He then said when they saw people near "their creek" but not on directly on their ground they went ahead and reported them as tresspassers so everyone would get the hint to stay well enough away from "their creek".

[Tim_T]

I would call Kdfwr 1-800-858-1549 and ask to speak to law enforcement.

[RoadToad]

Federal law says that the states own them, and if it's a navigable waterway, the creek itself can never be considered "private" under Kentucky law. Here's a nice article from a circuit court judge explaining that:
Public dominion of Kentucky waterways » Opinion » Commonwealth Journal

And to be considered "navigable," it has to be traversable by boat without the help of damming or anything else that unnaturally raised the water level. The Supreme court standard is whether or not it was navigable at time of statehood:
http://www.klgates.com/files/Publica...ugust_2012.pdf