Does the law support your rights to fish on rivers?

[NationalRivers]

Happy Holidays!

Hope things are warmer where you are, here in Colorado we are being hit with snow and very cold temperatures! Hope the info below warms your spirits and is helpful for ice fishing! []

We are excited to announce a free sample of the book, Public Rights on Rivers: Canoeing, kayaking, rafting, fishing, and fowling rights, river conservation and water rights, is now available for download. See the attached pdf, or go to http://www.nationalrivers.org/PDF/booksample.pdf. The book sample is 23 pages long, and discusses the following:

-The table of contents and the types of questions the book answers
-Ancient uses of rivers
-River law in ancient times
-River uses in North America
-River law in ancient North America
-River uses in colonial America
-The founding principles of American river law
-River uses in the early 1800s
-The development of river law in the early 1800s

The sample helps outline the progression of river uses and law through history, and sets the stage for Supreme Court cases and rulings that follow. The rest of the book focuses on the application of the law, including basic principles of water and river law, which rivers are navigable for which purposes, public recreation rights on rivers, and the role of state law.

We hope you benefit greatly from this information. The good news is: your rights to fish, paddle, and walk along the banks of navigable rivers has been confirmed repeatedly by the highest law in the land, the Supreme Court and Congress. Thanks for supporting the cause for rivers to be "forever free." Enjoy, Happy Holidays!

Best,

Team NOR
[signature]

[Duckbutter]

Thanks for sharing, but I don't understand why this was placed on the ice fishing forum and not the general forum.
[signature]

[NationalRivers]

Duckbutter, it's posted on the "Freshwater fishing general" forum. Lots of ice fishing is happening now, so it seemed relevant to the season. Do you have a suggestion for another place it should be? Thanks!
[signature]

[wiperhunter2]

Does you book pertain only to Colo?
[signature]

[NationalRivers]

Thanks for the question wiperhunter2. No, it pertains to all rivers in the US, since it discusses Supreme Court cases, Acts of Congress, and other federal law that pertains to all states. To give you an idea of what we're talking about, check out this one-page national river law handout, attached or at http://www.nationalrivers.org/2013%2010%...208x11.pdf
[signature]

[wiperhunter2]

Unless you have done it already, you should post it on the Colo board. This is a hot topic in Utah because we have been denied access to private waters because of a local law but it changes from year to year. Go ahead and post it there as well. You should be able to post it on the NV and Idaho boards but it might be a good idea to ask the mods on those boards first.
[signature]

[NationalRivers]

Thanks for the recommendation, wiperhunter2. Will do. Yes, we know about Utah's struggles in this area. Our organization is working on river law handouts for all 50 states that discuss each state's issue, and Utah is near the top of the list. We will keep you posted on when that handout is ready, however, the national handout applies to all states because of the outlined federal law, which trumps state law when the two conflict.
Cheers.
[signature]

[Duckbutter]

Wiperhunter gave you the suggestions before I could come back. Thanks for sharing, and I live on the western slope, so the battle of stream rights hits very close to home.
[signature]

[davetclown]

in Michigan for a river to be privet, it must not go past 2 boarder lines. if it dose, it is a navigable river and there for access can not be denied. but you can not step foot on shore.

[NationalRivers]

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. []
[signature]

[davetclown]

our law mimics just what you stated. we are just not allowed to step up on shore because it is deemed privet property. we can go up or down walking or boating so long as we stay in the water.

there are many places in michigan where cannals and chanels have been dug in to privet property. those are the area not eligable under federal laws. There has been much contestants to this and many land owners have placed obsticals in place where as some one would have to step up on shore to enter said cannals or chanels. Hence trespassing laws will be inforced.

Otherwise. it is as you said.