Stream access law, pissed off owner at me.

Discussion in 'FlyTyingForums.com, Fly Tying, Trout Fishing' started by TrentDen, May 13, 2018.

  1. junkman

    junkman

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    Instead of trying to play the laws you should probly go and knock on his door introduce yourself and offer an apology and a hand shake.Then maybe you would be invited to fish his property.
     
  2. Boardman Brookies

    Boardman Brookies

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    I am totally on your side but you may have accessed the river illegally. Are all four sides of the bridge private? If you gained legal access then he can go cry all he wants, you’re good....up to the high water mark. As for heading back up river you have to fight the current....unless obstacles present themselves....pain but what we have to do.
     

  3. jjc155

    jjc155

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    But you have to be correct first.

    J-
     
  4. strmanglr

    strmanglr

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    @jjc155
    As I said "when I know I'm in the right".

    From what I've run into, I know the law better than most of the land owners, or at least what they want to admit to. I do not trespass, I follow the law.
     
  5. Slimshady

    Slimshady

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    Based on the OP, it sounded like there was room to walk between the water and the "natural high-water mark", which if true, he would be able to walk there going to and from his point of entry. If he encountered an obstruction, he could go up-land around the obstruction (temporarily trespassing) and then back down to continue walking. However, if the water was high, at the "natural high-water mark", then he would have to walk in the water (if possible). I am assuming if the water was at the "natural high-water mark" he is not likely to be fishing there anyway, however, I am not sure where he would have to walk in that situation, as the whole length of the bank may be deemed an "obstruction".
     
    MickL likes this.
  6. MickL

    MickL

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    Good question. I have wondered about the same thing. If i wade a hole while i'm fishing but most/all the water between that hole and where i parked is too deep to wade, can i legally walk most/all the bank to get there? I don't know the answer but my gut tells me probably not.
     
    Last edited: May 22, 2018 at 11:52 AM