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From: Paul Ash <AshP_at_sundaytimes.co.za>
subject: [Paddlewise] Water rights
Date: Fri, 8 Jun 2007 17:16:54 +0200
................Public access and property laws vary across the united
states.  In Massachusetts the property owners own to the LOW tide line.
You can only legally walk the beach if you have a fishing rod - a fine
antiquated law.  From what I've heard Colorado has the worst access laws
in the US.  The property owner owns the stream beds and the air above
the water - this is my recollection and far from
definitive..........................

FWIW, in South Africa the law states quite clearly that landowners'
rights extend to the flood mark on riverside properties except in on
isolated case where land rights once extended to the middle of the
river.

Unfortunately, said river happens to be the one I paddle on 90% of the
time, and there are more than a few nasty landowners along its banks.
These people think nothing of dropping a concrete block into the
watercourse as a housing for various pumps etc, along with attendant
cables, wires, pipes etc, but will go into a apoplectic rage should you
paddle on "their" side of the river. Some years ago, one of these fine
people shot a kayaker with a hunting rifle for tresspassing.

The fact that these "rights" have since been superseded by an all-new,
all-encompassing Water Act means nothing to the landowners who continue
as before.

So, we know where the trouble spots are and practice defensive paddling.

Paul, Johannesburg 
 
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From: Brian Curtiss <bc_at_asdi.com>
subject: Re: [Paddlewise] Water rights
Date: Mon, 11 Jun 2007 16:57:47 -0600
At 5:16 PM +0200 6/8/07, Paul Ash wrote:
>......From what I've heard Colorado has the worst access laws
>in the US.  The property owner owns the stream beds and the air above
>the water...

Close. They do own the stream bed, but not the air (same as in 
Wyoming).  Thus, you can paddle any navigable water as long as you 
stay in your boat and the boat doesn't scrape bottom.

Brian
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