When does a river become a stream...private property question.

Clay Slayer

Clay Slayer

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Jan 4, 2011
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Cajun Country
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In my spare time at work I enjoy browsing google maps looking for new places to canoe/kayak around my state. I have a quick question...how is a waterway defined? In other words, I know the Mississippi river, or any other major waterway in my area is open to public navigation. BUT, I see many smaller streams that seem to flow through, or very near private properties, i.e. farms, nice homes on multipe acre lots, etc.

Anyway, where is it defined what a private waterway is compared to a public one? Does a property owner actually "own" a waterway through his property?

Not looking to stir anything up, just curious.
Thanks.
 

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good question I dunno.I should know but I dont.someone will as all I've ever heard of is high water mark for boundry.

as far as the title of thread...I drink enuf river.....bam....stream
 

I'll bet it varies by state. Here in KS, the landowner owns the land under the stream but not the water. So if you park at the bridge and walk the creek, you are actually trespassing. The only public access rivers are the ones determined to be "navigable" at the time of statehood, which in Kansas is very few. Around here there are plenty of places where nobody cares, the river runs through farm ground.

Your state will probably be different. I'll bet you can find out....google is your freind!
 

In Texas the waterways are public, the banks are private property, BUT many a boater, hiker and exploring for treasure person has had their lives threatened by an old farmer/rancher that claims the river/creek too. Mostly a bluff, but I wouldn't push it in this day and time...
 

In the UK nobody owns flowing water, anybody can navigate it, it's the bank of said stream/river that is owned.

SS
 

In NY creeks streams and rivers have to be traversable during non flood waters .Some have easements for specific activities
Such as fishing access. Then you can use the banks for that activity only.
 

I did a lot of research on this and found that it varies State by State.
In Minnesota (and I've found in "most" states) that it is private property somewhere between the 100 year High/Low water mark. Anything from there to the bottom of the river is public. There are a few catches though.
If you have a lake that is surrounded by private property and there is no public access then the private residents "own" that lake. The catch is "If the body of water can be accessed by the general public" then it is a public waterway.
For example there is tributary off the Mississippi that flows through a farm you want to detect the stream running through the farm. You can do that legally, but you must access the stream via a public entrance. You can not walk across private land to access the stream.
Is that confusing or making sense?
I would of course always ask the farmer and let him know your plans and if he doesn't like it, then you can decide from there how you want to handle it. A lot of people that have a stream running through their land will think that part of the stream is "their's" but they are wrong.
 

i also agree it changes from state to state , i was told by a game and fresh water fish officer here in Tennessee , that TVA owned land along water is public access , but other creeks, rivers not owned by TVA then the land owner owns to the middle of the creek or river bottom , which means you can canoe the water but cant step out on the land.
 

Usually if the waterway can be navigated by canoe with out having to portage at any point then even if it flows through private property your still legal to be on it.

I have not lived in every state but know it works that way in most states...




Sent from my Galaxy Nexus using Tapatalk 2
 

Rules are definately state by state. There is no question if the river or stream is tidal. In that case it is public at least up to the high water mark.

Another place to ask would be here:

www.paddling.net/

Click on Community and then message boards. Then ask away! These people are the experts when it comes to water access rights.

Oh, and while you're there, unless you've got thick skin stay out of the Bicker and banter forum. The mods there let it all go. And regardless of your position there are those just waiting to make you pay for your opinion. OTOH, the photo of the week has some really good stuff!
 

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Definitely check the laws. The laws in Oklahoma that I am familiar with are similar to what Rob in KS posted. It's a little more complicated here in Colorado, so it varies state by state. Hey Double S, here in the West every single drop of river water belongs to somebody. And apparently collecting rainwater in barrels or buckets is prohibited.
 

RGINN said:
Definitely check the laws. The laws in Oklahoma that I am familiar with are similar to what Rob in KS posted. It's a little more complicated here in Colorado, so it varies state by state. Hey Double S, here in the West every single drop of river water belongs to somebody. And apparently collecting rainwater in barrels or buckets is prohibited.
Click to expand...
I'm shocked Mate, the giver of life should never belong to anyone....but everyone :thumbsup:

SS
 

Thanks for all the input folks. I've got some good viable options, now it's time to do some reasearch and see what laws apply in my state.
 

Native Floridian said:
Rules are definately state by state. There is no question if the river or stream is tidal. In that case it is public at least up to the high water mark.

Another place to ask would be here:

www.paddling.net/

Click on Community and then message boards. Then ask away! These people are the experts when it comes to water access rights.

Oh, and while you're there, unless you've got thick skin stay out of the Bicker and banter forum. The mods there let it all go. And regardless of your position there are those just waiting to make you pay for your opinion. OTOH, the photo of the week has some really good stuff!
Click to expand...

Ha! Actually, I've been a member over there for awhile. Great site for canoe & kayak reviews and info. I guess treasurenet just crossed my mind first when it came to property access issues, etc. Good idea, I'll get some input from that site.
 

I love Kayaking. Load up metal detector and hit the creeks for relics and artifacts. Navigable water way is the term that is correct. I have a farm and the deed is to the middle of the creek. The neighbor owns the other side, farther on down it become navigable but is still on the deeds as middle of the creek on some boundries.. Here if you cant throw a rock across it ,it is a river. If you can chunk a rock across it is a creek. If you can wade across and not swim it is a stream. If you can jump across it,it is a crick. Have fun and be safe:hello:
 

I remember a Woody Guthrie song that had a verse something like:
On a sign it said No Tresspassing
But on the other side it didn't say nothing
That sign was made for you and me.

To the song This Land is Your Land.

I left one part of this country because everything was owned and private. Moving here 26 years ago, there was so much wilderness and public land it seemed endless. Now I think it's becoming over-regulated or falling into corporate control. They will go to great means to limit trails for 4x4's and quads and that's good. They ruined it for themselves. But go overboard for corporates by selling leases to anyone that can prove they have capital to develop. Anytime anywhere.
Ya, I've done this rant before.
Maybe our future is to experience treasure hunting through reality shows and staying on the couch.
 

"On a sign it said No Tresspassing
But on the other side it didn't say nothing
That sign was made for you and me. "

That is basically my mantra.

I use the beach all the time. Indeed, Washington state sold 70% of it's beaches to private folks. But...I still hike them. If I die from it, so be it.
 

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