Here's some interesting thoughts from TP&W . And may help clarify for some of those who don't know. But have always wondered.
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If A River Runs Through It, What Law Applies?
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I have this very problem on one of my places. I have caught several people fishing inside our high fence. Keep in mind they have to cross to spill ways and a bridge to get to deep water. The creek is navigable in city limits but deemed private where we are. Game warden is even confused on the law and was supposed to call me back with his findings a month ago. We have a high fence that goes across the creek but it has been getting washed out with all the rain we have been getting.
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Originally posted by cantexduck View PostI have this very problem on one of my places. I have caught several people fishing inside our high fence. Keep in mind they have to cross to spill ways and a bridge to get to deep water. The creek is navigable in city limits but deemed private where we are. Game warden is even confused on the law and was supposed to call me back with his findings a month ago. We have a high fence that goes across the creek but it has been getting washed out with all the rain we have been getting.
Also if it's a perennial public stream it's technically illegal for you to put a real fence over the water
A: That probably depends on whether the stream is public or private. Since the public has a general right to walk and boat in a public stream, a landowner has no right to erect or maintain a fence that interferes with those lawful activities.27 Additionally, it is a crime to restrict, obstruct, interfere with or limit public recreational use of a navigable stream.28 It is a more serious crime to obstruct a waterway to which the public has access so as to make passage impossible or unreasonably inconvenient or hazardous.29 It is easy to imagine situations where a fence in or across a public stream would do just that. But do these statutes prohibit a landowner from putting a fence in or across a private stream? That sounds unlikely, since the public has no lawful access to a private stream without the consent of the owner of the streambed. So it seems to be lawful for a landowner to erect a fence in a non-public streambed.
I have been known to walk up a stream fishing not even worried about property lines because I knew the creek was a navigable stream, but like I said it would take a pretty crappy person to use this law to walk up a trickle of a stream to get onto a game ranch and fish their man made holes.
This also brings in the question of "would it be legal to walk up a dry navigable creek bed into a game ranch and hunt in the creek bed in hopes that it wouldn't get out when shot?" I would suggest you petition your county to pass an ordinance saying it's illegal to hunt that particular creek bed.
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I laughed at the conclusion.
"Conclusion
It is often difficult to determine whether a given body of water is public water, and if so, where the boundary lies between it and the adjacent private property. These issues are sometimes argued by landowners and outdoorsmen, and the potential for violence is very real. Hopefully, this will give you some of the basic concepts to begin analyzing these questions and helps you guide your local law officers and settle constituent confrontations. Next, bone up on the real estate laws of 19th century Spain and pick up some advanced land surveying techniques, and you will be on your way to becoming an expert."
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Weather the land is public or not your perjectile cannot cross property line without prior permission. That and if an animal is shot and does not fall on the so called public land you cannot retreave it without trespassing. Also to add more if an animal is killed without an attempt to retreave waist of game or wonton waist can be filed. So even if the land is public really no way to hunt it legally. Now fishing is the true tricky one.
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Originally posted by cantexduck View PostI have this very problem on one of my places. I have caught several people fishing inside our high fence. Keep in mind they have to cross to spill ways and a bridge to get to deep water. The creek is navigable in city limits but deemed private where we are. Game warden is even confused on the law and was supposed to call me back with his findings a month ago. We have a high fence that goes across the creek but it has been getting washed out with all the rain we have been getting.
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