Not trying to stir any pots, here. Don't have a gar in this fight, so to speak. Merely commenting that Garguy generally knows his stuff related to the river where he makes his living. Could be a gray area. Out.
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Originally posted by Tuffbroadhead View PostI'm 100 percent sure my local wardens know the law, especially Ronald Mathis and the other 4 that will quote the above references
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Originally posted by redfishted View PostRight after this cut it opens to a very large open water area.Last edited by SamSowell; 08-16-2018, 12:07 PM.
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Originally posted by Bisch View PostQuestion for Toughbroadhead? The act you posted says it has to average 30’. The way I’m reading it, it could be 5’ wide at one point and 40’ at another, and still be a navigable waterway if the average width is 30’.
Bisch
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That's how I see and read it as well.
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Originally posted by Knox View PostThat photo from winter? No green anywhere
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Originally posted by Tuffbroadhead View PostI'm 100 percent sure my local wardens know the law, especially Ronald Mathis and the other 4 that will quote the above references
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Originally posted by Tuffbroadhead View PostYou might want to actually read the act...I cant tell you from fact not assumption .. it has to have a stream bed 30ft wide to be public, the Act and navigable definitions dont come into play till it reaches that width. Matter of fact, it can be a dry stream bed that is 30ft and it still falls under the Act.
That property pictured is PRIVATE property
Navigable by Statute
Under a law dating from 1837, a stream is navigable so far as it retains an average width of 30 feet from its mouth up. The width measured is the distance between the fast (or firmly fixed) land banks. A stream satisfying the 30 foot rule is sometimes referred to as “statutorily navigable” or “navigable by statute.” Under a court decision, the public has rights along a stream navigable by statute just as if the stream were navigable in fact.
Measurement of Stream Width for Navigability by Statute
The entire bed is to be included in the width, not just the area covered by flowing water. The bed extends all the way between the fast land banks. These are the banks which separate the stream bed from the adjacent upland (whether valley or hill) and confine the waters to a definite channel. Further, stream segments having a width of less than 30 feet do not defeat the stream’s navigability by statute, so long as the stream’s width maintains an average of 30 feet or more.
And that does not even cover the 50% gradient regulation set forth by the state.
TuffBroadhead, you quoted the paragraph defining "navigable by statue." There are two types of navigable listed in the statute. The other is "navigable in fact". that means a boat can navigate it. This is clearly the case with this stream or he would have no need to block it. Under streams that can be navigated in fact, there is no stream width mentioned nor required in the statute.
read it from the start and you will see your error.
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