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Author Topic: Are all streams and creeks accesible to anyone? Even if the land is private?  (Read 6164 times)

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Jay01

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I was curious is there was any land owners on here who could share some experience with people traveling through their creeks. Can anyone go through any creek or stream in Kentucky, as long as they stay in the water?
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Orbit

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Try this link: http://somerset-kentucky.com/opinion/x681521978/Public-dominion-of-Kentucky-waterways

The key is what is "navigable" and you still have to respect property rights when it comes to accessing the stream.
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matt colvin

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My understanding (prior to reading the linked article) was that as long as you are floating in the water, such as in a canoe or other vessel, you're legal. If you are standing in the water, then even that is considered private property. They touched on it some in an episode of KY Afield.

The water and its contents would not be considered private property, whereas the land beneath it is.
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rigidpsycho

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From my understanding if wading in a creek around private property is considered Tresspassing. The landowner owns the rights to the creek bottom. The only way to avoid this is if you happen to be floating in a canoe, kayak, or boat.
 I have been doing some research on this since I have recently just started fishing creeks and small stream again this year. Check on the Ky Fish and Wildlife website, I believe they have the exact info you are looking for.
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Lizking531

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From my understanding if wading in a creek around private property is considered Tresspassing. The landowner owns the rights to the creek bottom. The only way to avoid this is if you happen to be floating in a canoe, kayak, or boat.
 I have been doing some research on this since I have recently just started fishing creeks and small stream again this year. Check on the Ky Fish and Wildlife website, I believe they have the exact info you are looking for.

That was the understanding I had from taking some hunter ed courses & trapper ed courses...
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Truf

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The Supreme Court has ruled that he land near the shore of a navigable water way falls under federal jurisdiction, up to the "normal high water mark,"  and as such, the public has access to these areas.  This includes waterways that were navigable at any time in their history prior to statehood of the state in which the waterway exists.  for instance if it had been previously damed for logging, but is no longer damed.  If you can put any normal boat of any kind in the water, the public must be allowed access.
Here is a explanation:
http://www.adventuresports.com/river/nors/us-law-who-owns.htm
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