Public river systems

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Public river systems

Postby shaun_reid » Fri Dec 21, 2012 3:17 pm

Is it legal to access a public river such as the Arkansas at a bridge and then walk the river from there? I know you need landowner permission to get on anywhere else, but was unsure about getting on at a bridge.

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Re: Public river systems

Postby wtrfwl havoc » Fri Dec 21, 2012 3:55 pm

Yes it is legal on the arkansas river. Kansas only has three navigable rivers that would allow this. The arkansas, kansas, and missouri. You can not access the river by way of land unless you have land owner permission. If you put in on a public area you can go up the entire river and be legal. I believe the river is considered ordinary high water level. Which means if the river is low you can hunt the banks as long as you are where the river typically flows. I am not sure how they will determine that though hahah.
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Re: Public river systems

Postby cyoung24 » Fri Dec 21, 2012 5:32 pm

You can tell when there's a freeze. There's always several posts about hunting rivers.
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Re: Public river systems

Postby mudpack » Sun Dec 23, 2012 10:48 am

wtrfwl havoc wrote: I believe the river is considered ordinary high water level. Which means if the river is low you can hunt the banks as long as you are where the river typically flows.

Not sure this is correct. "High water mark" is where the water reaches during "high water", i.e. Maximum water flow, not "typical" water flow. If you can see flotsam and jetsam hung in the trees/brush, or evidence of bank erosion, those are marks signifying where the water was at "high water".

I would say you are safely correct in saying that " you can hunt as long as you are where the river typically flows", since you should be well within the high water marks. :thumbsup: The rest of your post was spot on.
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Re: Public river systems

Postby quackattack1991 » Sun Dec 23, 2012 11:42 am

I had a very similar question to Shaun. I took this picture last night scouting and was trying to see what some of you think.

Image

This picture was taken close to the Arkansas River at a bridge. It's about 30 yards to where the water is. As you can see, the landowners fence is on the right and runs like that the entire way to the river. Would I be able to walk between the road and the landowners fence to get into the river?
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Re: Public river systems

Postby wtrfwl havoc » Sun Dec 23, 2012 8:37 pm

If you stayed on the outside of the fence you would not be tresspassing. You would be walking on state right of way. I would say yes you will be just fine to put in there.
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Re: Public river systems

Postby quackattack1991 » Sun Dec 23, 2012 11:16 pm

Appreciate the advice wtrfwl havoc. I look forward to checking out this spot and seeing what it has to offer.
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Re: Public river systems

Postby mudpack » Thu Dec 27, 2012 9:24 am

wtrfwl havoc wrote:If you stayed on the outside of the fence you would not be tresspassing. You would be walking on state right of way. I would say yes you will be just fine to put in there.

I agree. In fact, that's the way I do it....
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Re: Public river systems

Postby EcatMagoo » Thu Dec 27, 2012 4:33 pm

mudpack wrote:
wtrfwl havoc wrote:If you stayed on the outside of the fence you would not be tresspassing. You would be walking on state right of way. I would say yes you will be just fine to put in there.

I agree. In fact, that's the way I do it....


If i were you i'd contact KDWP about this. Yesterday I called them and they told me you must have permission from the adjacent land owner. Luckily I was able to get permission and shot a limit today. 7 green wing teal, 2 mallards, 1 gaddie, 2 golden eye. Those little greenies have been showing up strong lately. Shot 13 gwt in the last two hunts.
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Re: Public river systems

Postby mudpack » Fri Dec 28, 2012 5:02 pm

EcatMagoo wrote:
mudpack wrote:If i were you i'd contact KDWP about this. Yesterday I called them and they told me you must have permission from the adjacent land owner.

Adjacent to what? If you stay on the highway right-of-way, you are on state land that is open to the public. Owner of land next to the state land has no authority on the state land.
I think they misunderstood your question....
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Re: Public river systems

Postby EcatMagoo » Fri Dec 28, 2012 6:55 pm

mudpack wrote:
EcatMagoo wrote:
mudpack wrote:If i were you i'd contact KDWP about this. Yesterday I called them and they told me you must have permission from the adjacent land owner.

Adjacent to what? If you stay on the highway right-of-way, you are on state land that is open to the public. Owner of land next to the state land has no authority on the state land.
I think they misunderstood your question....


We wanted to hunt a river and needed access. There was a bridge crossing at the area we wanted to enter the river. Called KDWP and asked them if it was legal to park at the bridge and walk down into the river. They said in order to park at a bridge and walk to the river you must have permission of the land owner who owns the land that boarders the bridge/road. In our circumstance there was no fencing involved to divide the bridge area from the road. Maybe that makes a difference.
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Re: Public river systems

Postby 007 » Fri Dec 28, 2012 10:29 pm

Me and my dad just hitchhike to the bridge we want, strap on our waders, decoys, and shotguns...and then do a swan dive bungee jump from the center of the bridge to the center of the stream. I let him go first and then re-calculate the psychometrics i have scribbled on an empty shell box lid and then jump myself...haha

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Re: Public river systems

Postby mudpack » Sat Dec 29, 2012 6:34 am

EcatMagoo wrote:We wanted to hunt a river and needed access. There was a bridge crossing at the area we wanted to enter the river. Called KDWP and asked them if it was legal to park at the bridge and walk down into the river. They said in order to park at a bridge and walk to the river you must have permission of the land owner who owns the land that boarders the bridge/road. In our circumstance there was no fencing involved to divide the bridge area from the road. Maybe that makes a difference.

I'm not going to try to convince you to do something that is not comfortable for you.
But....what you say they've told you makes no sense to me.
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Re: Public river systems

Postby duckguy7 » Sun Dec 30, 2012 8:05 am

To go from the bridge to the navigable stream you must have landowner permission, unless it is on a state designated public access. Called KWP and they varified. Also, we got checked by a game warden and that's the first question he asked,
Do you have landowner permission to access the river." This applies to navigable streams in KS. If it is not classified as navigable then you need land owner permission to access and landowner permission in the exact area you will be hunting. It's tough in KS. :no:
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Re: Public river systems

Postby quackattack1991 » Sun Dec 30, 2012 3:14 pm

It makes no sense that you would need landowner permission on a piece of land that isn't owned by said landowner. Why does his justification matter if he doesn't own the property?
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Re: Public river systems

Postby duckguy7 » Mon Dec 31, 2012 10:30 pm

My experience tells me that trying to make sense of regulations is sometimes a futile effort. I spent 35 years of my life interpreting Government Regs.
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Re: Public river systems

Postby cONG » Tue Jan 01, 2013 8:28 pm

I know around here, you can hunt in the ditch if you have permission from the land owner. Because the land owner land end in the middle of the road. But I don't know if that is the same for the highways.
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Re: Public river systems

Postby mudpack » Wed Jan 02, 2013 1:01 pm

Private roads, yes Cong. County roads: road and right-of-way (shoulders) belong to the county. Same for state.

As far as private landowner having juristiction over state/county land bordering his land; I'd be willing to take that to court.
That's tatmount to saying my neighbor has control over who comes on my property. :fingerpt:
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Re: Public river systems

Postby champer196 » Tue Jan 08, 2013 6:56 pm

Not sure about state roads but if it is a county road the landowner owns to the middle of the road technically. Don't ask how I know this. :hammer:
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Re: Public river systems

Postby uvaldehunter » Tue Feb 05, 2013 7:49 am

I appreciate the info about the 3 navigable rivers. I bet like in Texas there are different rules for the rest of the streams depending on how they were originally surveyed. I would also bet the :welcome: boundaries are in the center of the stream on the others. Good post. I plan to come to Kansas when our split season is closed next year. Great country around here if anyone wants to do a swap. Yes, we would be hunting navigable river next to my ranches....
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