Kentucky Pro David Young shot at during practice

[Shimano4Life]

In many cases the its a matter for local courts and they dont bother. The case in the Classic with Gary Klien they didnt even bother doing anything and they had it on camera with two witnesses. In case you didnt know justice in small towns is terrible. You can get away with alot in small communities. I know people who beat their wives so bad they ended up in hospitals, stole from other people, drugs you name it. If you know the right people you can get away with alot.

Which can be defined as "POLITICS".

[Tim_T]

Can't they own the creek bottom? So your not trespassing if your floating through and never set foot on solid ground?

The landowner owns the creek bottom. If you are wading without permission you are trespassing. You can float through and fish as long as your feet are not touching the bottom.

[jcb]

To clarify a bit further, unless the creek is designated a "navigable waterway" (like Elkhorn), you can't even float through--you're trespassing.

[Fntsyfbgod]

The landowner owns the creek bottom. If you are wading without permission you are trespassing. You can float through and fish as long as your feet are not touching the bottom.

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.

[Tim_T]

To clarify a bit further, unless the creek is designated a "navigable waterway" (like Elkhorn), you can't even float through--you're trespassing.

You could be right, but I think you are confusing some laws out west with KY laws. I spoke to a fishery biologist from KDFWR (recently) that in Kentucky, you can float through but not anchor or wade. I could be wrong, it wouldn't be the first time.

[WwiskerswW]

I guess i am going to have to buy that remington 700P 26" barrel that shoots a .308 accurate upto 1000 yards and carry it on my boat. This Springfield Armory XD .45ACP will get the job done up close for the mean time.

Even if a guy is dumb enough to pull his gun on me for fishing a spot, that does not mean I will pull mine. But when bullets start flying past your head and hitting the water around you, thats a whole different story.

[DJD]

I guess i am going to have to buy that remington 700P 26" barrel that shoots a .308 accurate upto 1000 yards and carry it on my boat. This Springfield Armory XD .45ACP will get the job done up close for the mean time.

Even if a guy is dumb enough to pull his gun on me for fishing a spot, that does not mean I will pull mine. But when bullets start flying past your head and hitting the water around you, thats a whole different story.

I don't know what I would do if someone took pot shots or warning shots at me or my boat but I know another gun in the mix is probably a bad deal. I'm a gun toten' american (Kimber Ultra .45acp) but I have enough respect for guns to know that HUGE mistakes can be made by assumptions and bullets cannot be taken back....be careful when packing a gun and know the laws because unless you can prove the threat on your life, loved one or stranger you don't want to shoot someone.

It scares me to even think about the red tape of the legal system! The laws are not perfect.....

[Tim_T]

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.

I believe I will take the word of KDFWR over the American Whitewater website.

[Fntsyfbgod]

From the Commonwealth Journal
"Moreover, Kentucky courts have recognized that the right of navigation for commercial or recreational purposes may include the right to temporary anchorage and incidental uses of the riverbed."
http://www.somerset-kentucky.com/opi...065084150.html

If you want to believe a KDFWR fine. I have known a couple KDFWR employees good guys dont get me wrong but they dont know everything. Most likely he heard it from a buddy who heard it from another guy. Maybe he is right and everybody else is wrong. But I am pretty sure they didnt take law classes when they started.

[Tim_T]

From the Commonwealth Journal
"Moreover, Kentucky courts have recognized that the right of navigation for commercial or recreational purposes may include the right to temporary anchorage and incidental uses of the riverbed."
http://www.somerset-kentucky.com/opi...065084150.html

If you want to believe a KDFWR fine. I have known a couple KDFWR employees good guys dont get me wrong but they dont know everything. Most likely he heard it from a buddy who heard it from another guy. Maybe he is right and everybody else is wrong. But I am pretty sure they didnt take law classes when they started.

I took this straight from the biologist in charge of managing Elkhorn Creek. I doubt wade fishing would be included under "incidental uses." My source for this is Jeff Crosby, central district fisheries biologist for KDFWR and he is in charge of managing Elkhorn. My guess would be he has read the law and talked to LEO's as well as the KDFWR legal counsel about this.

[Fntsyfbgod]

Oh well whatever the case it wont change the way I fish Elkhorn anyway.

[psprowler]

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.

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..............