Re: [Paddlewise] Law and Navigation

From: Wayne Smith <wsmith16_at_snet.net>
Date: Wed, 9 Jul 2003 10:02:25 -0700 (PDT)
The definition of "Navigable" varies from state to state, but I read in Paddler Magazine that in New York "Navigable" is any river that a whitewater kayak can be paddled on. 
 
I also know that Colorado is trying to change the law such that it may be possible to prevent people using a river by claiming ownership of the river bottom. I doubt the federal government would let that fly if it were challenged.
 
Here in Connecticut, the law says that the land below the mean high tide line is public property, yet if you go in the intertidal zone in a wealthy community, you'll end up getting arrested.
 
So my point is while the law may say one thing, how it is enforced is what you need to know.
 
Wayne

Robert Livingston & Pam Martin <bearboat2_at_comcast.net> wrote:
I am not a lawyer but I thought that the rules about access to navigatable
waters were very strong.

But I do not know the legal definition of navigatable.

An acquaintance of ours, many years ago, was prevented from paddling the
part of the Columbia river that passes through the Hanford Reservation. He
brought the case to court and won. They could prevent people landing on the
shore but they could not prevent paddling the 20 mile length or whatever it
was if they stayed off the shore.
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------------------------------------------------------------------------------------------------
Wayne Smith
wsmith16_at_snet.net

Check out my website!
http://pages.cthome.net/wsmith16/home.html
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Received on Wed Jul 09 2003 - 10:33:45 PDT

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