12-09-2013, 08:02 PM
Davetclown, it seems like "Not stepping foot on shore" is in contradiction of federal law, and when state law contradicts federal law, federal trumps because of the Supremacy Clause.
There are many places where these rivers serve as property boundaries, so private landowners own to the middle of the river, or all the way across the river. However, these rivers are subject to the federal navigational servitude, including the federal navigational easement for “the benefit of the public, regardless of who owns the riverbed.” This easement is similar to a utility easement or a rural road easement passing through private land. It includes public rights to portage around obstacles, rapids, or waterfalls, to engage in “sport fishing and duck hunting,” to walk on the gravel bars and beaches, and to walk above the high water line as needed when walking along the banks of these rivers.
Have you had a chance to read the national handout? It gives a summary of this: http://www.nationalrivers.org/2013%2010%...208x11.pdf
Cheers. [
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There are many places where these rivers serve as property boundaries, so private landowners own to the middle of the river, or all the way across the river. However, these rivers are subject to the federal navigational servitude, including the federal navigational easement for “the benefit of the public, regardless of who owns the riverbed.” This easement is similar to a utility easement or a rural road easement passing through private land. It includes public rights to portage around obstacles, rapids, or waterfalls, to engage in “sport fishing and duck hunting,” to walk on the gravel bars and beaches, and to walk above the high water line as needed when walking along the banks of these rivers.
Have you had a chance to read the national handout? It gives a summary of this: http://www.nationalrivers.org/2013%2010%...208x11.pdf
Cheers. [
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