EcatMagoo wrote:Ive heard the stats about the 2nd least public land in the U.S. and I always wonder if part of that is because our rivers and streams are private. Does anyone know if they count stream/river access in the total amount of public land statistics? And how many others states deny public access to rivers and streams?
Very few states recognize navigable water as personal property. A quick Google search provides Kansas as the only violator for retarded water rights.
The way I understand it is that ,federally, public water access off navigable water (US Title Code 33) pre-dates property deeds. And the Supreme Court has upheld numerous times the navigable bodies of water be held for public trust by the state. HOWEVER, Kansas Constitution deems navigable water adjacent to personally property, IE land, as part of that property. Much of that has to do with farming, and there has been much debate over the validity and controversy over this, but as a States Constitution is approved by Congress after ratification, its recognized by the federal government and is extremely hard to be force into changing.
I'm unaware of Kansas being challenge in Supreme Court over this. In addition I have no background in law, except that I'm the kinda weird guy that reads law reviews for fun. This is just a very cloudy topic. Maybe if there is a real lawyer on this forum he can shed some real light on the topic, but I doubt it
Interesting reference though http://www.adventuresports.com/river/no ... w-menu.htm