Navigable Waterways

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Re: Navigable Waterways

Postby rabbitdundied » Sun Mar 09, 2014 3:45 pm

I am not butt hurt at all. I get you like to play like you are BMOC on here and all. Just consider me someone that is not impressed. It would be nice if you quit talking down to people though.


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Re: Navigable Waterways

Postby rabbitdundied » Sun Mar 09, 2014 4:00 pm

My point is if you want a legitimate legal answer you are probably going to have to ask someone that truly doesn't have a stake in the matter. A farmer/lawyer is automatically going to side on the side favoring land owners rights. Cannon whether he admits it or not is extremely biased on the matter. Of course he sees that as an attack on him and his ego which it isn't. It is simple and honest assessment of the question at hand.


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Re: Navigable Waterways

Postby cannon » Sun Mar 09, 2014 4:24 pm

rabbitdundied wrote:I am not butt hurt at all. I get you like to play like you are BMOC on here and all. Just consider me someone that is not impressed. It would be nice if you quit talking down to people though.


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Dear Rabbit:

On behalf of all attorneys, because you feel that, on the whole, they are dishonest, I apologize. On behalf of all farmers, and others similarly situated, whom you have collectively referred to as "leeches on society," I apologize. On behalf of all landowners, who you believe should not be able to utilize they property they've spent their hard earned money to purchase and maintain, I apologize. On behalf of all men on any campus, anywhere, who exist and are above the standard weight for their height as measured by the standard Body Mass Index, I apologize. For all persons who you assumed ran guide services, only to find out that you were wrong, i apologize. And finally, for the members of the United States House of Representatives and the United States Senate, who had the outright audacity to enact the Food Security Act and the 2014 Farm Bill, I apologize.

I'm not sure, but I THINK that's the extent of your complaints that specifically referenced me over the last couple weeks.

You're trolling months old posts and throwing my name around on outboard motor forums. But you're not butthurt.

If I left anything off that list of apologies that you think need to be addressed, I can get you a form to fill out. Thus far, I've played nice.


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Re: Navigable Waterways

Postby rabbitdundied » Sun Mar 09, 2014 5:00 pm

"Of course he sees that as an attack on him and his ego which it isn't. It is simple and honest assessment of the question at hand."

This is hardly an attempt at trolling.


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Re: Navigable Waterways

Postby cannon » Sun Mar 09, 2014 5:18 pm

So does that mean apologies accepted? No need to carry it any farther? Is that what you're saying?


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Re: Navigable Waterways

Postby Bluegiller » Tue May 27, 2014 9:29 pm

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Re: Navigable Waterways

Postby Bluegiller » Tue May 27, 2014 9:42 pm

nware14 wrote:
greenster wrote: Here is the list I have.

• Saline River

Are you saying the Saline is Navigable? I talked to game and fish and they said it was not and that the land owners owned the bottom of the river bed so you couldn't put into an access and go down the river and hunt it. That's just what I was told though



According to the Corp of Engineer website the Saline is. Sounds like F&G officer got one wrong. Sometimes these guys are also partial compared to the COE. The F&G officers are local residents and could be friends and/or family members to land owners bordering questionable waterways. Or they could possibly have land themselves on these questionable waterways. Also some don't want the hassle of dealing with the greedy landowners whom think they own certain rivers when indeed they don't and just to keep it easy they say it is not public land. The COE usually doesn't have a dog in the fight and they are the federal government. Check out the link. Saline is navigable.

http://www.mvd.usace.army.mil/Portals/52/docs/11_MVD_navigable_waters.pdf
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Re: Navigable Waterways

Postby cannon » Wed May 28, 2014 5:18 am



That's helpful. Thanks brah.
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Re: Navigable Waterways

Postby Bluegiller » Wed May 28, 2014 7:07 am

cannon wrote:


That's helpful. Thanks brah.



No problem!
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Re: Navigable Waterways

Postby natebryan » Mon Sep 08, 2014 7:12 pm

From what I could read online, if you can get on it in a boat without having to get out. It's navigable.
If you can get from navigable water to that water, as long as your not crossing dry ground. Then your good. I've always went by this and never had any trouble. If the Arkansas raises 15 ft and floods the corn field beside it and it's 4 ft deep. I can go in it all I want until of course, the water level drops back. Landowners may own the land underneath the water, but they do not own the water.
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Re: Navigable Waterways

Postby cannon » Mon Sep 08, 2014 7:25 pm

natebryan wrote:From what I could read online, if you can get on it in a boat without having to get out. It's navigable.
If you can get from navigable water to that water, as long as your not crossing dry ground. Then your good. I've always went by this and never had any trouble. If the Arkansas raises 15 ft and floods the corn field beside it and it's 4 ft deep. I can go in it all I want until of course, the water level drops back. Landowners may own the land underneath the water, but they do not own the water.


The law is "inside the high water mark." You may be able to traverse the water in a craft while the land below is inundated without being pestered, but if a decoy anchor, your foot, or anything else hits the ground below, you're trespassing. If you tie off to a tree that's growing from the ground, you're trespassing. I trespassed a lot on ground bordering the Arkansas back when I lived in Little Rock. I'm not saying it's enforced, just saying that's the status of the law.
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Re: Navigable Waterways

Postby whisperin' duck » Mon Sep 08, 2014 9:12 pm

I'm impressed that this thread is still alive.
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Re: Navigable Waterways

Postby natebryan » Sun Sep 14, 2014 1:20 pm

cannon wrote:
natebryan wrote:From what I could read online, if you can get on it in a boat without having to get out. It's navigable.
If you can get from navigable water to that water, as long as your not crossing dry ground. Then your good. I've always went by this and never had any trouble. If the Arkansas raises 15 ft and floods the corn field beside it and it's 4 ft deep. I can go in it all I want until of course, the water level drops back. Landowners may own the land underneath the water, but they do not own the water.


The law is "inside the high water mark." You may be able to traverse the water in a craft while the land below is inundated without being pestered, but if a decoy anchor, your foot, or anything else hits the ground below, you're trespassing. If you tie off to a tree that's growing from the ground, you're trespassing. I trespassed a lot on ground bordering the Arkansas back when I lived in Little Rock. I'm not saying it's enforced, just saying that's the status of the law.




What is a law without enforcement or teeth? Nothing really.
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Re: Navigable Waterways

Postby cannon » Sun Sep 14, 2014 6:47 pm

Nobody said that it didn't have teeth, or that it was NOT enforced. I couldn't say whether the relationship between high water and criminal trespass is regularly considered by law enforcement. Having personally been convicted of criminal trespass, however, I can attest to the fact that the law has teeth. There's a huge difference between a law with no remedy and the possibility of selective enforcement.


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Re: Navigable Waterways

Postby Arkansas Swamper » Mon Sep 15, 2014 5:24 pm

natebryan wrote:
cannon wrote:
natebryan wrote:From what I could read online, if you can get on it in a boat without having to get out. It's navigable.
If you can get from navigable water to that water, as long as your not crossing dry ground. Then your good. I've always went by this and never had any trouble. If the Arkansas raises 15 ft and floods the corn field beside it and it's 4 ft deep. I can go in it all I want until of course, the water level drops back. Landowners may own the land underneath the water, but they do not own the water.


The law is "inside the high water mark." You may be able to traverse the water in a craft while the land below is inundated without being pestered, but if a decoy anchor, your foot, or anything else hits the ground below, you're trespassing. If you tie off to a tree that's growing from the ground, you're trespassing. I trespassed a lot on ground bordering the Arkansas back when I lived in Little Rock. I'm not saying it's enforced, just saying that's the status of the law.




What is a law without enforcement or teeth? Nothing really.

It depends on which body of water too. Depending on the person's deed, they may not own anything under the ordinary high water mark. I'd check deeds to see if the area that you are wanting to hunt truly belongs to the person who is claiming it.
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Re: Navigable Waterways

Postby Dep6 » Thu Sep 25, 2014 7:23 am

Cannon I am impressed sir, I forgot the lawyer thing, someone mentioned it but I guess I forgot it.


I know when I freelanced ARK back in about 05-06, it was the high water mark and the "Greenjeans" I met was very serious when we had that discussion. But I didn't get a ticket out of it since we had not touched land.
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Re: Navigable Waterways

Postby Edge » Wed Oct 01, 2014 8:21 am

Hey Dep, do you run an Edge with a Mercury motor? I only ask because I believe we met last year.
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