Missouri Stream Access Law, One More Time

[smallwaterpro]

Could than someone please tell me? Is there a place to launch above linden lake and float down in to it fish than go back up? What about float tubes. Can one be launced from the dam and fish up? thanks Steve at sjsuccess@hotmail.com

[middletonflyfisher]

Totally agree the way of determining navigability and use for commerce is vague and probably intentionally so at the time it was passed, though why I can only speculate.

I used to post frequently to this site but moved to WI a few years back. I still take interest in Missouri fishing as I get to fish here every once and a while when visiting family. Have spent lots of time fishing the upper Meramec for smallies and trout and on the Current.

I like Wisconsin's model for gaining public access to private stream reaches:

!) Pay the owners to lease the strips of land buffering the water.

2) Use influence of groups like TU (with a formidable presence in the state) and the DNR resources to find willing landowners and make it happen. Apply for state and federal grants to improve water resources on large tracts of stream thru habitat improvements, etc.

3) Use funds from inland trout stamp purchases (where all money goes to improving stream habitat or acquiring landowner easements).

Wisconsin State Statue 29.191(4)(e) states: “The Department shall expend the receipts from the sale under this subsection of inland waters trout

stamps on improving and maintaining trout habitat in inland trout waters, conducting trout surveys in inland trout waters and administering

this subsection.”

Missouri has on books in Objective 3.2 of the 2003 trout plan to consider purchasing easements. Has this taken shape?

I propose a trout habitat improvement stamp be offered to help raise revenue for habitat restoration projects and land access. The MO trout plan is clear that if there is interest in this sort of thing the MDC will work as a partner, but I don't think they will go in alone (at least during tough financial times).

Regarding WI water access laws:

All stream water is PUBLIC. Landowners do not own the stream bed but own the land immediately adjacent. Access laws are such that if you access a creek (no matter how small) from a public area (bridge, natural area, park, etc), you are legal to fish as long as you keep your feet wet (stay in stream). Can get out of stream if the stream is impassable (which is subject to interpretation I imagine). Cannot access streams from private property without permission.

[fishinguy2012]

I ran along this issue somewhat near Branson in Roark Creek. The landowners told me to hit the road as I was wading up the stream near the charcoal plant. I was wondering if they are leagally able to do that. Also, the original law does mention navigation. Navigation according to Gibbons v Ogden is most indeed commerce and when it deal with either, the federal or state government has the jurisdiction. Since that stream had one been used for navigation and the buying and selling of timber, I would say that still constitutes navigation and commerce. Bottom line is this. If you live along a river, do not take it upon yourself to define the law as it suits you. Sure, nail up your POSTED signs and keep people out, however, I promise this much, if it is me or any of my crew floating down it, we will leave it better than we found it.

[strangercreek]

OR, let me tell you that by the letter of the law, you would be legal and they would be illegal. However, in these situations, they are likely to press tresspassing charges like they did to Chief, and he was on a stream that is a little larger than that. The landowners believe they own it all and keep you out, where if you access from an MDC access or a county or state maintained bridge, you are legal below the high water mark. In any confrontation, it is best to yield to them, knowing full well that if Johnny Law is called, you are wrong, and you are likely getting served papers. I hate it, and wish someone would have the coin to challenge one of these cases all the way to the top and get a firm law made that agrees with Elder v Delcour. I am contemplating this same fight in Kansas, where the state has ruled in favor of the landowners three times in the last fifty years.

As much of a drag as it is, doesn't Kansas give the land owner rights through the stream bed? (which I disagree with). I have friends that have been chased off Stranger Creek in Leavenworth county (it is almost 100% private property for its entire length.) I don't even bother because of this. It just seems really absurd that someone can own a water way. Since I live in Leavenworth County, I think I will go outside and barbwire the sidewalk in front of my house. I kind of see this as the same concept.

[drew03cmc]

SC, yes, Kansas says to float, you MUST have the written permission of EVERY landowner, both sides of the creek, as they own the stream bed and banks. There are three bodies of water which you can float, the Kansas, Missouri and Arkansas Rivers. It is a darn joke.

[fishinwrench]

Drew, Are those 3 the only "navigable" rivers in the state? Man that blows!

[drew03cmc]

Yes Wrench, that is it. Everything else is landowner managed.