#974485 - 10/16/08 10:04 PM
Re: who will stand up for navigable/riparian rights?
[Re: 4onaside]
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AlabamaSwamper
12 Point
Registered: 06/03/04
Posts: 5026
Loc: Southern Wayne CO and NW Alaba...
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After talking with some friends in the Arkansas and Louisiana area, this case will have lasting effects and they could be negative
I think the biggest problem is the fact that the gov't builds dams and then don't buy all the land flooded.
Rich folks in ARkansas and Louisiana are actually building dams across the cuts where you enter this backwater to keep folks out of what we all thought was "navigable" water.
Now, you may go to your favorite slough and find it blocked off by fences or dirt.
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#974914 - 10/17/08 08:58 AM
Re: who will stand up for navigable/riparian rights?
[Re: AlabamaSwamper]
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4onaside
12 Point
Registered: 02/07/06
Posts: 5053
Loc: Jackson,Tn
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I suppose that there is a "fine line" between the rights of the public and the rights of individual property ownership, in some cases, and each case is probably different. However, both states that you mention, are WET, and abound with fishing opportunites for all, with very little effort or inconvenience. If it were in the high plains of eastern Colorado,i.e.. where water and fishing opportunities are at a premium, I might have a different attitude, but in the states mentioned, if someone owns all of the dry land surrounding an arm or bay or slough, and blocks access to the public, I could certainly live with that.I equate it with being forced to allow access to newly acquired property because "we've always hunted there". That ain't the way that it works in this country. Or at least, that's not supposed to be the way that it works.
_________________________
Lord, keep your arm around my shoulders and your hand over my mouth
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#977234 - 10/19/08 11:44 AM
Re: who will stand up for navigable/riparian rights?
[Re: 4onaside]
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Taylor
10 Point
Registered: 09/10/07
Posts: 3056
Loc: Brownsville, Tennessee
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A lot of issues center on oxbow lakes (old river runs, still accessible by what's now the main channel), surrounded by private land. And I am not talking about little oxbows, either.
I can see arguments on both sides, again, I just posted the letter to let folks know what's going on.
Such arguments will only become more common, be it trout streams in the West or the Mighty Mississippi.
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#987632 - 10/24/08 10:34 AM
Re: who will stand up for navigable/riparian rights?
[Re: Taylor]
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B.D.
8 Point
Registered: 03/24/08
Posts: 1484
Loc: Hendersonville TN
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The law of riparian rights is an absolute mess. Most of the relevant court precedents were issued in the 1800s or early 1900s, and they are unclear and sometimes inconsistent.
I would like to see the State of Tennessee look into negotiating some sort of easements with landowners to allow fishing access, at least to more popular spots, such as the TWRA stocked trout streams, some of the larger smallmouth creeks, and some of the oxbows in West Tennessee.
Kansas has a "Walk-in Hunting Area" program that could be used as a model. The State gets farmers to agree to allow public hunting access, in exchange for benefits like property tax breaks. The farmers like it because they get a break on their taxes, and the State gets that revenue back because the large amounts of public hunting land attract people who spend money when they hunt - thus providing economic stimulus in rural areas.
Once the easements are in place, you bypass all the debate about how the obscure riparian laws should apply.
bd
Edited by Brian Dunigan (10/24/08 10:35 AM)
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