Wading for Smallmouth?

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PriceBBT

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Feb 12, 2024
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Sumner Co
Hey everyone,

I live just north of Nashville and am looking to get into some smallmouth within an hour or two of me. From what I've read, it seems like the Elk might be my best bet? The Duck could be an option too but tougher to wade. Any other recommendations on accessible spots to wade, or specific areas of the Elk? Thanks in advance
 
Google "Smallmouth Bass streams around Nashville TN". It will give you a list of nearby streams. I don't fish that far west to give you any suggestions.
 
PriceBBT said:
Hey everyone,

I live just north of Nashville and am looking to get into some smallmouth within an hour or two of me. From what I've read, it seems like the Elk might be my best bet? The Duck could be an option too but tougher to wade. Any other recommendations on accessible spots to wade, or specific areas of the Elk? Thanks in advance
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While the Elk has some decent SM you'll be hard pressed to find anywhere to access it and be able to wade. We float the Elk in flat bottoms and you can get out and wade some areas but access is very limited from what ive found.
 
flyinpro said:
Last I heard, water is still public. Just can't put your foot on the bank.
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Water itself is public. Can't put your foot on the bank, streambed, or drop an anchor, as the streambed itself is private on nonnavigable waterways... so wading is tresspassing. Floating would be legal.

If it is navigable, the streambed is also public. Wading is legal.

Thats for Tennessee... other states have different definitions of what's legal and public vs private property rights.
 
CATCHDAWG said:
As well as up to the high water mark.
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What high water mark? I know a lot of river cabins and some houses that went underwater in the 2010 flood. Duck River came up 50'. The Cumberland ran into Bass Pro. I wouldn't recommend leaving the channel but I'd like to see someone fish the tank in Opry Mills and claim it's ok because they're below the high water mark.
 
hillbillyfab said:
Who determines what/which is navigable and non navigable waterways? Is it the Corp?
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The CoE has a list. Interestingly, it is much more liberal on Cumberland streams (CoE territory) than Tennessee River watersheds (TVA territory).

I'd wager a lot of creeks that folks wade under this idea aren't on the list.
 
MickThompson said:
What high water mark? I know a lot of river cabins and some houses that went underwater in the 2010 flood. Duck River came up 50'. The Cumberland ran into Bass Pro. I wouldn't recommend leaving the channel but I'd like to see someone fish the tank in Opry Mills and claim it's ok because they're below the high water mark.
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The high water mark and the flood zone are two different things. It's usually pretty easy to determine where the high water mark is on a stream. For example, any gravel/rock bar that's on a navigable stream is going to be below the high water mark.
 
CATCHDAWG said:
The high water mark and the flood zone are two different things. It's usually pretty easy to determine where the high water mark is on a stream. For example, any gravel/rock bar that's on a navigable stream is going to be below the high water mark.
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High water mark aka summer pool makes sense on reservoirs but I don't know about rivers. Where is that law spelled out?

Can I ride a dirt bike or SxS through anyone's creek as long as I stay in the water or on the gravel bars?
 
megalomaniac said:
If it is navigable, the streambed is also public. Wading is legal.
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Holston through TEC is legal to float, and fish from the bank as long as you are below the normal high water line. TEC is a bit liberal on this, as they have a fence marking their limits which is ABOVE high water line. which is a good thing, as there is a spot that intelligent folks normally line or portage their canoes etc around. no sense having the Rescue Squad/fast water rescue folks come out because you are stupid.
 
Wooden Arrow said:
Holston through TEC is legal to float, and fish from the bank as long as you are below the normal high water line. TEC is a bit liberal on this, as they have a fence marking their limits which is ABOVE high water line. which is a good thing, as there is a spot that intelligent folks normally line or portage their canoes etc around. no sense having the Rescue Squad/fast water rescue folks come out because you are stupid.
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If they put their fence at the normal high water line they'll be rebuilding it constantly
 
MickThompson said:
Can I ride a dirt bike or SxS through anyone's creek as long as I stay in the water or on the gravel bars?
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IDK. But I seriously doubt there's a stream deemed navigable that you would be able to that anyways. At least here in the southeast. Couldn't say for other parts of the state.
 
CATCHDAWG said:
IDK. But I seriously doubt there's a stream deemed navigable that you would be able to that anyways. At least here in the southeast. Couldn't say for other parts of the state.
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Several very small stretches in the Cumberland watershed could be. I'm not advocating for it in any way and I've waded my whole life but it's mainly because landowners allow it. On many of these creeks, if I was warned against trespassing I could be prosecuted if I returned.

Navigation is often cited but I don't know where it's written into the law. And if isn't settled, I don't know that I want my rights to fish streams that flow across private property to be pitted against private property rights in Tennessee.
 
MickThompson said:
High water mark aka summer pool makes sense on reservoirs but I don't know about rivers. Where is that law spelled out?

Can I ride a dirt bike or SxS through anyone's creek as long as I stay in the water or on the gravel bars?
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Obviously, you can't ride on a nonnavigable creek, as that is private property.

That being said, I strongly suspect if Karen complains to Tenn Dept of Water Quality you are riding up and down your own creek, you could get into a heap of legal trouble, even though you own the creekbed!
 
MickThompson said:
Several very small stretches in the Cumberland watershed could be. I'm not advocating for it in any way and I've waded my whole life but it's mainly because landowners allow it. On many of these creeks, if I was warned against trespassing I could be prosecuted if I returned.

Navigation is often cited but I don't know where it's written into the law. And if isn't settled, I don't know that I want my rights to fish streams that flow across private property to be pitted against private property rights in Tennessee.
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Unfortunately, most are handled on a case by case basis in court over tresspassing.
 
Navigatable streams in Tennessee refer to rivers that are navigated by commerce vessels. The Mississippi, Tennessee and Cumberland Rivers fall into this category. I don't think the smaller rivers or streams that can not support commerce vessels are considered navigatable. On unnavigatable streams surrounded by private land, the land under the stream is owned by the property owner. However they do not own the water and you can kayak, canoe or float the water way.
 
oldmanelrod said:
Touching the stream bed/bottom is illegal unless you have permission.
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What's you source for that? Generally in most Tennessee rivers, it's no trespassing if you're in the river bed. The City Karen's in Townsand TN, on the little river there lost a court case in 2014 to stop people from floating the river. You can't get on the bank, but staying in the river bed is legal.
 
Iroquois said:
Navigatable streams in Tennessee refer to rivers that are navigated by commerce vessels. The Mississippi, Tennessee and Cumberland Rivers fall into this category. I don't think the smaller rivers or streams that can not support commerce vessels are considered navigatable. On unnavigatable streams surrounded by private land, the land under the stream is owned by the property owner. However they do not own the water and you can kayak, canoe or float the water way.
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Blackburn Fork is considered navigable by the USCoE to the bottom of Cummins Falls. Certain times of year it'll barely float a solo cup.
IMG_2824.jpeg
 
navigable waterways means currently, in the past or could be used for interstate or foreign commerce. if a wood flat barge, canoe, etc was sent down a creek in the 1800's full of beaver pelts then it could be considered navigable. and its the bed to the low water mark.

lol had a michigan no it all tell me ge could drive his truck in the eagle creek creek bed when its dry. the same guy thats been camping in the TNWR.

https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2011/op11-075.pdf

https://www.epa.gov/sites/default/files/2015-11/documents/lrn_navigable_waters_list_-_may_1986.pdf
 
flyinpro said:
What's you source for that? Generally in most Tennessee rivers, it's no trespassing if you're in the river bed. The City Karen's in Townsand TN, on the little river there lost a court case in 2014 to stop people from floating the river. You can't get on the bank, but staying in the river bed is legal.
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The law does not go by " generally." Either it is or it isn't a violation of the law. I must admit though I can not cite you the law.
 
The "navigable" seems to be the legal term. Fisherman & boaters should have the right to put their feet down in any water in my opinion.
 

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