Water rights - info about "who owns the water and beach area"

[Nortonics]

Was reading a different forum where folks were having an in-depth discussion about who owns the water or beach area in relation as to whether we can water detect such areas. Searched here on the forum and found no occurrence of the terms for such laws, so thought I'd push these details out to the group for reference.

There are two "principals" or laws that govern the rules we should follow based on either Eastern or Western States. Wikipedia does a good job with the general details, and once you Google the correct terms you'll find plenty of additional details...

Wikipedia - Riparian water rights for Eastern States

Wikipedia - Prior appropriation water rights for Western States

For instance, here in Minnesota the State is governed by Riparian Water Rights, and the Minnesota Department of Natural Resources dictates that nobody owns the water adjacent to land owner property. As long as you gain access to that water area without trespassing on private dry land, you can legally go right on over to any water area right up to the beach and start water detecting without breaking the law, regardless of what a land owner on their property may "think". Obviously it's a good idea to not shed bad light on our hobby, but then again we don't need to be pushed around by the unknowing public as well.

Be sure to check your local and State laws regardless, as these laws vary widely. Sometimes adjacent landowners have no right to these water areas, yet some dictate that a pie shaped slice to the center of the water body is controlled by the adjacent landowner, and different yet some indicate that a certain number of feet into the water from the dry land property lines is what the adjacent land owner has control of.

Google up you local geographic details along with those terms above and you should be able to locate the "true" laws regarding your circumstances...

 

[therick]

I can't quote you chapter and verse but all PUBLIC lakes and rivers / creeks MUST have public access. This is not true for private lakes and there are a few classified as such and you need to know what type of lake you are dealing with in the first place.

I had a situation a few years back where a deserted boyscout camp was located on a small public lake. I was unable to contact the land owner but I figured if I could find the public access, I could canoe over tho the dock (still standing) and hunt the water without the necessary permission. I had to check the plat maps at city hall to locate it but I finally found the access...... right between 2 new houses with perfectly manicured lawns ! You should have seen the owners faces when I drug a canoe through THEIR yard to get to the lake. To make a long story short, I showed them a copy of the plat map, explained my ambitions and they reluctantly agreed that I was right. They also gave me access to the lake (as if they had to) but asked me to keep "our little secret" under my hat so they didn't have bass boats trying to launch boats in their yards. I found a ton of cool things in the water at that site. I haven't been back in 20 years but I have not forgotten it and I've been thinking about returning there to see what I've missed.

Private property ends at the water line. Which also brings up another bone of contention that has been debated for years. If the land owners rights stop at the water, then what gives them the right or permission to construct long docks, some 100 ft long or longer, in MY lake? Doesn't seem right does it.

All for now.

therick

 

[R-n-R Magnolia SpringsAla]

I love those spots really ticks off the "rich" people, one even went so far as to put a wireless electric sensor on his fence post to keep an eye on the "riff-raff" that was using a well-hidden public launch. I made sure to walk by it about 100 times at intervals. I was fishing with a green teleoscopic brim rod, the jerk comes down and starts giving me $hit about cutting the canebreak, i politely told him I did not and get bent. I think they believe they "own" everything. I blame it on the state of alabama we have little or no river access, I guess they way they see it you have to pay to enjoy a natural resourse, don't get me started! LOL

 

[diggindirt]

I was recently doing water hunting with a buddy on a public lake. We saw a private lake club on the other side with what looked like a swimming beach at the waters edge.

Well, we took a small boat over to the area and threw an anchor in shallow water so we could hunt without trespassing on their property.

The club was closed and I was still nervous that someone might call the police (private lake houses in view) complaining that we were trespassing on the beach club area.

I knew that it was OK to detect under these conditions but was still concerned that a small town officer might not realize or know the rules about this.
I figured that if someone complained, we could lose or detectors or at the least be asked to leave immediately.

It turned out to be a stinky location anyway as a "no swimming" sign was posted in the beach/boat launch area.

The thing that bothers me is the various town laws that might add some land area into the water. If this was case I guess it would be trespassing and a possible problem. It would be a hassle to try and find all the rules pertaining to each town before a scheduled hunt.

I would like to know if anyone has had any issues using a boat to get to private areas on public lakes and beaches?


Thanks!!!!!

 

[fieldboy]

n/t