Laws concerning river and creek beds

[outdoorsup]

OK here is my question and the reason I ask it. I have heard that most states allow free travel along rivers and creeks that can be navigated by boat. Even though the river my pass along posted property as long as I'm in the natural river bed I'm not considered to be trespassing and the owner of the surrounding land can not run me off as long as I'm not causing trouble or destroying his or her property. Does anyone know anything about this law and is it true? Where can I find information about it?

The reason is because I know of a permanent Indian camp in Tennessee. As a kid I worked for the man who used to own it but over the last 20 years it has been sold a couple different times. I can not get to the house to talk to the new owners because the road has now been gated about 1/2 mile from the house. A river is the border of the property and I can get there via small boat. As a kid I used to find arrowheads in his plowed field and thats when he told me about the Indian camp. The University of Tennessee used to come there on field trips from time to time but that was several years ago. The land has not been plowed for about 22 years and is now used as pasture. The river bed was always a great place to find arrowheads and a few needles and fish hooks have also been found. I really want to hunt this river bed again but don't want to cause trouble. Also don't want to travel the mile and half up river for nothing.

Also looking for some help finding information on the Indian tribes and such from middle Tennessee. Putnam, Smith, DeKalb, Wilson counties. Anyone from this area interested in a hunt. Also now of an old Railroad camp along the same river. I'm currently stationed in Alabama but I have family in the counties listed. Any help or advise appreciated.

 

Amazon Forum Fav 👍

How to Research for Treasure Hunting and Metal Detecting From Lead Generation to Vetting - Grab it through Amazon!

[Gypsy Heart]

I am not an expert on this,but my understanding of the law is , that as long as you stay below the high water mark ...you would not be tresspassing and that a property owner does not own the river way,even if he has property on both sides.
You cannot cross private property to get to the river,except in a few states..like Montana. But if you are traveling via boat or walking up a riverbed you are not tresspassing or doing anything illegal. Small Stream or creeks however are a different story.

 

[Boobydoo]

In Michigan, the law reads as you stated...
except on Indian land. That's a no go.

Good luck.

Smiles!
BDoo

 

[schlooppy]

outdoor,

I read the same law you stated somewhere, I just cant remember where. If I remember right it also stated that you could so many feet from the bank and not be tresspassing also. But it does have to be a navigatable (sp?) creek or river, meaning you have to be able to go down it in a canoe or raft ect.

 

[spez401]

Rivers are different than beaches. But again.. the law depends on where you are, as every state's laws are different. Also, the size of the waterway makes a difference. In some places, the high water mark rule is the "law" only on what are considered "Navigable Waterways", or those waterways that are used or can be used for traffic and commerce. These rules go back to the Constitution's Commerce Clause, and the Army Corp's of Engineers authority over shorlines.

On smaller rivers and streams, the so-called non-navigable waterways, the high water mark makes no difference. If one person owns both sides of the stream/river, then that portion of its bed is also owned by them. If two separate people own each side of a stream/river, than likely the center of the water is the property line.

To make sure, check with a local attorney, or even the local town halls. Also, your best bet on searching the land, or property is also the town hall. You can get the owner's name, address, and probably phone number from the Tax Assessors office. If you're not sure, you can pinpoint the location on one of the maps, and have them check the plat/lot for who is the current owner. After you have their name and address, send them a letter asking to search (that subject has already been addressed in other forums). Then, after the letter is sent, track down their phone number, wait a few days, and give them a call. If its a no-go, as much as I hate to say it... move on to another spot. That sucks, I know, but better to move on, than get in some possible legal trouble.
Steve

 

[acevillav]

How large is the river? If the property owner says no try following it to a sterch of public land. Try searching aother feeder streas or rivers close to this one they may be public and loaded with good stuff too Above all be carefull and research the laws prior to your journey. Like Jimmy Morrison once said People are strange when your a stranger.............. 8) Good luck I hope everthing works out so you can post some pics of the cool stuff you find.

Ace Villav.