http://www.nationalrivers.org/us-law-...
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zachary

United States

#21 Mar 17, 2013
Thanks Gator, now is it the same for the new suspension bridge and how far does the highway property extend from the side of the highway for public use?
zachary

United States

#22 Mar 17, 2013
Is it legal to drive on the dirt road beside hwy 10 to go under the suspension bridge to the river and fish, picnic or just look at the river?
Sigh

Saint Francisville, LA

#23 Mar 18, 2013
zachary wrote:
Is it legal to drive on the dirt road beside hwy 10 to go under the suspension bridge to the river and fish, picnic or just look at the river?
I think you will be okay
zachary

United States

#24 Mar 19, 2013
Where is the boundary between public land and private land along a river that is navigable for title purposes? Until the early 1800s the boundary was at the highest level the water reached during floods. Since then courts have set the boundary at the ordinary high water line, although the government still has public trust authority over the zone between the ordinary high water line and the highest level, for purposes such as conserving wetlands and preventing pollutants from washing into rivers. The ordinary high water line is the visible line on the ground between land that is affected by the water and land that is not.(It is not a theoretical line requiring hydrologic records and surveying to locate.) Below the line, the surface of the ground is sand, gravel, and rocks, and the vegetation is plants that only grow near water. Above the line, the surface is dirt and soil, and the vegetation is “upland vegetation,” of a type that is found even well away from the river in that area. Gravel bars and sandy beaches along rivers, since they are formed by frequent depositing of sand by the river, are below the ordinary high water line. On rivers that are navigable for title purposes, the beds and banks are public trust land up to the ordinary high water line,(not just a public easement,) and the adjacent private lands (or other types of government lands) begin at the ordinary high water line. Landowner fences and “No Trespassing” signs should be located above the ordinary high water line. Small dams, used to divert water from the river to irrigation ditches, should be located so as to not block navigation.(See previous case citations.)This is one of the sections that seem to disagree with the law of the state and seems to have supreme court ruling behind it.
The Dude

Saint Francisville, LA

#25 Mar 19, 2013
my friend, what you posted is not any different to this...

La. Civ. Code art. 456 - The bank is the land between the ordinary high and low water marks. Nevertheless, when there is a levee established according to lay it establishes the bank. The banks of navigable rivers and streams are private things subject to limited public use. Public use must be incidental to navigation on the stream, Mooring would be allowed but not camping on the banks.

I'm still like the others, what do you think you should be able to do under the Federal Statutes that you can't now? What you posted doesn’t give you any additional rights.
Vanessa Jones

Denver, CO

#26 Dec 4, 2013
All, please take a look at the new resources that are available on the new website that was released this past August. At the very least, read the one-page national river law handout ( http://www.nationalrivers.org/river-law-hando... ). Many comments have brought up the confusion on whether to apply state law or federal law. In short, the public has a federal navigational easement, so even when land under the river is private, the public has an easement to boat, fish, and walk along the banks of navigable rivers in the US. When state law and federal law conflict, federal law trumps state law (because of the Supremacy Clause).
Then, if you're interested in more info, the long awaited book that the organization has been researching and writing for a couple decades is available. Learn more about it at http://www.nationalrivers.org/why-you-should-...
Cheers!
Vanessa Jones

Denver, CO

#27 Dec 4, 2013
zachary wrote:
I would like everyone to go to this site and read it all and then see how federal law by the supreme court differs from local law in West Feliciana. I would think the officials in this Parish should adhere to federal law and not the whim of the rich so all could enjoy the rivers,creeks,streams, and beaches of this parish that is owned by the state for the exclusive use by the "Public trust" under federal law. Again, Please read this entirely, especially the part about who owns the running water and what decides when it is navigational. Federal law states no one can own or keep people from using and enjoying the national trust of the running waterways.
Zachary, thank you for referring the NOR site. Please visit the new website, which is much more user friendly, and has resources (including handouts, posters, a book, and other info pages) you can use in promoting for your river rights to be applied. Cheers.
curios

United States

#28 Dec 12, 2013
Would it be legal to put a canoe or kayak in at low water bridge and paddle down to the river or put a kayak in at the bridge on hwy 61 and go down to the river?
Catfish

Saint Francisville, LA

#29 Dec 12, 2013
curios wrote:
Would it be legal to put a canoe or kayak in at low water bridge and paddle down to the river or put a kayak in at the bridge on hwy 61 and go down to the river?
It is legal, but remember that you are not allowed to pull on the bank and walk onto the land owners property. If you need to use the bank to park it for a minute for some reason that is fine, but be respectful to the property and leave it as you found it.
Bass Pro

Gulfport, MS

#30 Dec 12, 2013
Hell yes it's legal. The State of Louisiana owns the bed of the Bayou Sara Creek as well as the bed of the Mississippi River. In Louisiana the bed or bottom of the river is from the mean low water mark on one bank or side of the river to the mean low water mark on the other bank or side of river. The Public has the right to use the area along the bank of the river from the mean low water mark to the mean high water mark. The land from the mean high water mark inland, away from the river is owned by the riparian land owner and is considered private. This area between the mean low water mark to the high water mark can only be accessed by the river side or stream. You cannot cross the riparian landowners property to get to the river without his or her premission.
Bass Pro

Gulfport, MS

#31 Dec 12, 2013
Excuse me,...without his or her permission.
Why is this so hard to understand? Its the Law. Its basic and been around since the Roman Empire. Nobody can stop you from using a public waterway but the public does not have the right to trepass on privately owned land.
Catfish

Saint Francisville, LA

#32 Dec 12, 2013
Bass Pro, I think the confusion around here is due to the Sheriff actively enforcing a no four wheeler policy on the creeks. Awhile back folks were riding ATVs down the creeks, along the banks, and some where going a little too far up the banks on they property owners land.

The problem there is that we all have the right to use the waterways for kayaking ,canoeing, fishing from a water vessel but this right does not extend to ATV travel, camping, or even fishing from the shoreline in some cases.

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