Re: [Paddlewise] Saturation Point

On Tue, 28 Sep 1999, James Lofton wrote:

> R. Walker wrote:
>   the US is made up of 50 very unique, and mostly
> > sovereign governments.  Most all laws, criminal and civil, are state laws.
> > Land ownership is one of these.   So in one state you might be able to own
> > all the beach all the way down to the low tide mark; where in another state,
> > the beach is a public right of way as open for public use as any highway.
> > 
> >SNIP<
> 
> I was told by a NM game warden once, as I unloaded my kayak, that I had 
> been trespassing on private property. I told him that I hadn't hiked on 
> any of the private land, and had spent the night on a BLM piece along the 
> way. He informed me that the river flowing through private land didn't 
> give right of way, because it wasn't a naviable river(even tho I had just 
> came down it), and he explained that just standing on the bottom was 
> criminal trespass.
> So much for public beaches. :>)
> 
> James

the same is true in colorado, very few rivers are "legally" navigable.
if you touch a rock in the river, you are trespassing... and so there
isn't another flame war, this law goes back to statehood, 1876. what was
considered navigable then is all we "legally" have left. it's been to
court many times, and the boaters always lose.

mark

-- 
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mark zen                      o,    o__              o_/|   o_.
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Rocky Mtn Sea Kayak Club, Colorado River Flows, Poudre Paddlers
The Colorado Paddlers' Resource, Rocky Mtn Canoe Club Trip Page 
--
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One kind word can warm three winter months. 
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