I guess I’m lucky in that the states I fish the most, Montana and Virginia, the access laws allow entry and movement up and downstream on navigable water as long as one stays below the high-water mark (although there are exceptions, like portions of the Jackson River in Central VA).
I saw that Utah just re-instated their angler-friendly laws, that had been taken away in 2010 http://www.deseretnews.com/article/865640738/Utah-anglers-reel-in-a-win-as-judge-casts-off-stream-access-law.html?pg=all
What are the rules on your home waters?
Here in NH as long as it not posted you can take your chances and go out. Most places will be labeled if they don’t want you. Most people are okay with access.
Mike
Colorado is completely landowner biased. Landowner owns the stream bottom. You cannot wade through their land. If you float through, you cannot touch bottom, e.g. bump a rock or anchor. In addition, Colorado does not recognize the the federal definition of a navigable river, so many small rivers cannot be floated. Basically, Colorado defies the federal laws.
Also, Colorado property owners do not have to post No Trespassing signs. It’s our responsibility to know when you’ve crossed the invisible line onto private property. You can be arrested for trespassing, on completely unmarked private property.
Despite these favorable laws, Colorado interests are pushing for more restrictive laws.
In Iowa we have two classes of rivers. Some larger ones bear the enigmatic name “meandering rivers” and these belong to the state so we are allowed to touch the river bottoms and use sandbars that appear as water levels drop. The vast majority are “non-meandering” and on these the river bottoms belong to the land owners that own the shore. We are still allowed to float these waters but access to the banks and river bottoms is restricted.
David
We’ve got a pretty great system here in Minnesota. We have a very extensive system of “easements”. Easements are for angling access only and generally extend 66’ either side of the center line of the stream. The easements are marked on publicly available set of maps and are also marked at access points (eg, road crossings). Generally, where there is an easement, you’ll also find stiles for crossing fences. Easements are procured by our DNR with one time payment to the land owner and once purchased, the easements are perpetual.
In addition to easements, we’ve also got the “wet foot” / high water mark law. However, the streams around here are generally quite small, so most anglers that I know stay off streams unless they are eased or they have landowner permission.
Appreciate you bringing this up. Its an important topic both in terms of fishermen finding access and in terms of fishermen respecting landowners rights. Fishermen need to recognize that abusing access --eg trespassing, littering, disturbing livestock, damaging fences – risk access rights for everyone.
Illinois- navagable water means rivers large enough for commercial barge traffic. Everything else is private and may not be waded, fished or even floated without the expressed consent of the land owner. Agriculture rules in Ill-annoys. I’m still lucky that there are state lakes and a few rivers around bounded by state parks that are accessible.
In Oregon the few streams that have been declared navigable, federally, are accessible below the ordinary high water mark. Other streams that may have been considered navigable at the time of statehood, should also be accessible, but the law is less clear. I believe the state attorney general issued an opinion to that effect, but to my knowledge it has not been tested in court.
In Georgia if the landowner owns both sides of the stream they own the water also, very much like Colorado. There was a case back several years ago where a landowner shot a guy floating “his stream” and got off. Some of the controlled streams are pig farms with pay to catch and release operations.
The majority of Idaho is government owned. And, if a 6" log will float at high water then wading is allowed as long as you stay within the high water mark.
Story goes, back years ago, a guy who liked to shoot skeet set up his range over his river, and coincidentally would do his target practice as folks were floating by - legally - on “his river”. Kind of took the fun out of the float.
New and relevant article by Matthew Copeland on his blog, “Stalking the Seam.”
Summary: Prompted by large private landholders, New Mexico’s legislature has passed a law banning wading access to rivers that cross private land. This despite a Supreme Court ruling to the contrary and against the published opinion of the state’s Attorney General.[b]
New York has been blessed with publicly accessible rivers and streams. The Catskills and the Adirondacks are the most notable regions in the state. The fishing pressure can be high especially in the Catskills. The hot months of the summer will draw the angler to lake fishing.
I miss PA a whole lot for the ease of access to waters just about everywhere… ny has for easements like was mentioned but most of the streams are private but I do hear asking a landowner does result in access a good deal of the time…I’m currently working to acquaint myself to the pfrs of a few semi local streams and in the spring I’ve got to get up to the salmon river n acquaint myself well with it for the coming fall…this yr I plan on reemmersing myself deeply back into the sport I’ve missed so greatly for a decade…n trying to focus on tenkara in doing so…I’ve acquired two new rods in this indevor already…n
In Wisconsin, any flowing water that can float a log anytime during the year (eg, during the spring run off) can be waded by the public. All 2 lane county roads have an easement that is wide enough for an angler to enter streams at bridges. Unlike Montana, where anglers can walk up to the high water mark, in Wisconsin, the angler must keep in the water. The exception is if there is an obstruction to passage such as a tree or low bridge over the stream, the angler can go on shore and go around the obstruction.
Written by Drake Magazine Daily Drake January 14, 2016 Big money from James Cox Kennedy and Charles Schwab shows up in Montana Supreme Court race
Last month?s finding by the Montana Commissioner of Political Practices sheds new light on some shady, significantly large contributions by anti stream-access donors in a 2012 Supreme Court race.