The law on navigability differs depending on the jurisdiction. In Ontario, it used to be that navigability was defined in terms of commercial navigation, but more recently, has included recreational navigation, i.e. do people paddle down it at some time during the season. In obiter, recreational navigation has included cross-country skiing. We have not had a case involving runnable steep rapids and falls. Contact me if you would like me to email you Ontario's leading cases on navigability. All this presupposes that the landowner does not also have riparian rights. Often riparian rights are privately held on rivers in the western USA, so you will find some interesting cases out that way. Track down Scott Weiser of Boulder, Colorado, if you want a list of cases that trounce paddlers. Cheers, Richard Culpeper Robert Livingston & Pam Martin 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. > [snip] *************************************************************************** PaddleWise Paddling Mailing List - Any opinions or suggestions expressed here are solely those of the writer(s). You must assume the entire responsibility for reliance upon them. All postings copyright the author. Submissions: PaddleWise_at_PaddleWise.net Subscriptions: PaddleWise-request_at_PaddleWise.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Wed Jul 09 2003 - 14:01:31 PDT
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