But if there is for example, a public access or park upstream, he could wade or boat from there to his favorite fishing hole in a navigable stream and not be trespassing on private property. I live on a small river that is technically navigable. People occasionally pass by in canoes or kayaks, but I would not allow them to trespass to get to the water, in fact I have No Trespassing signs posted. They use public right of way at bridge crossings. We have a place on a lake that has public access. People can't drag their boat or floaties across somebody's yard to get to the lake. I
Agreed. If they are fording, it's not navigable. They must approach and depart through the navigable water ways. If they are doing anything different, it's not legal. But I have seen people attempt to illegally come up shorelines, trespassing, and claiming they have a right to enter. Which isn't the case. There isn't enough details to really understand what's going on in this case. Details matters as we're already cutting hairs to describe possibilities.
Agree. You and I were much more thorough than the author of the article!
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