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. *************************************************************************** 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/ ***************************************************************************
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. *************************************************************************** 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/ *************************************************************************** ------------------------------------------------------------------------------------------------ Wayne Smith wsmith16_at_snet.net Check out my website! http://pages.cthome.net/wsmith16/home.html *************************************************************************** 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/ ***************************************************************************
FWIW American Whitewater has compiled state-by-state navigability law summaries - see: http://www.americanwhitewater.org/archive/article/18 Play Hard, Erik Wayne Smith wrote: > The definition of "Navigable" varies from state to state <snip> > So my point is while the law may say one thing, how it is enforced is what you need to know. > > 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. > > 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. *************************************************************************** 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/ ***************************************************************************
Hello all, four of us are going to Vietnam and Cambodia for a month this coming January. We'd love to get some kayaking in while there. I've done some looking around and have been able to find a lot of tours but no outfitters. I am not against going on a guided tour, but they are beyond our budget at the prices I am seeing out there. Perhaps a combination guided day tour to get the feel for the area and then equipment rental. The tours also seem geared towards inexperienced kayakers - the word "stable" appears in the copy often. So, anyone have some good links or pointers? Our trip is still in the planning stages so we are open to suggestions on places to go and things to see. Thanks! -Patrick *************************************************************************** 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/ ***************************************************************************
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/ ***************************************************************************
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