Spavinaw Creek Access Areas Around Benton Cunty

[Trout Predator]

Would love to fish this water, (closest wild trout to my house). Just wouldn't want to deal with with the law or landowners.

[Jason R.]

I've fished it. Definitely chose to go during a thunderstorm to avoid detection. Yes, lightning is dangerous... but there are big stupid trout in there.

[creekfreak]

It looks like there's going to be some legal action pursued shortly on the Spavinaw Creek / access issue.

A.) Why would the AGFC print in the 2013 AR trout & fish guidebook (as they have for years) that from it's source downstream to AR 59 bridge a trout permit is required and fish must be released immediately (of which I'm a heavy advocate).

B.) On pg.17 of the AGFC trout guidebook as well as the 2013 fishing quidebook pg.47) they discuss Public vs. Private Water stating, the State of AR owns and holds in trust for the public all property below the OWHM (ordinary high water mark) IS NAVIGABLE WATER.

The OWHM is the line dividing the bed of navigable water from its banks in waters unaffected by drought; that is, the height of the water at ordinary stages which are common and have had long continued flow for years which can be easily identified.

***********Land beyond the low water mark belongs to the state government**********

C.) I doubt the AGFC stocks very many private waters which are deemed non-naviable in hopes of the private land owners profiting immensely off

our State's funded fish hatcheries. If that's the case, sign me up!

P.S. - Placing material and operating equipment in waters of the State so as likely to cause pollution to benefit your flow and structural dams is ridiculous.

Finally, I hate to have to pursue this quagmire of a situation but there have been some issues arise of late that are in the works on being addressed. Somebody's gotta stand up to the greedy out-of-state boobs trying to intimidate fellow fisherman whose families were here 100+ yrs before "Rajah" was going yard.

Tight Lines,

S.A.

[Feathers and Fins]

It looks like there's going to be some legal action pursued shortly on the Spavinaw Creek / access issue.

Do you have a link to a case number or is it just speculation the AGFC will be taking legal action?

[creekfreak]

As of right now, I can't divulge too many details. However, I feel this is going to be a game-changer on that beautiful stream. The ball is rolling right now.....and it's a big ball! I'll keep you posted on what I can. Thanks for your concern with the situation!

Tight Lines!

[1969Larson]

I would love to learn more about this!

[Ferguson Bills]

I would love to believe these statement are true. Living close to this stream and also attempting to fish it within the last year, dealing with the land owners, and being denied access to what I assumed to be public land, would be great. I do know for a fact that the game and fish has not stocked it for several years and have unsuccessfully tried to buy land on it. Unless something has changed drastically here recently, many of the land owners on the stream, have many connections to the local and state governments made through the worlds largest employer. I hope something can be done but I'm not gonna hold my breath on it

[creekfreak]

You are correct, AGFC has not stocked the creek for many years.....that's irrelevant. Let me propose this question, if nobody has "stocked" this creek for 20+ years, how is it they are reproducing? How is it there are trophy trout in this stream (both brown and rainbow) still to this day? Regardless, the AGFC handbook states it's fishable waters. Therefore, if I have permission from a landowner to access the water, there shouldn't be an issue......as long as I stay within the "High Water Mark". As far as having someone in their "back-pocket", That's absurd. My family has had land on spavinaw creek for close to 100 years and I'll be darn if someone is going to tell me they own the water. The AGFC should make it a trophy stream (catch and release only) rather than hem and haw when confronted about access, etc. As I stated in my initial post, there will be a resolution to this one way or another.

[1969Larson]

You can access this stream without trespassing at a couple of different highway bridges. However, if you walk up or downstream a short distance, you'll find a fence across the creek and even Cameras! Just a thought, but wouldn't the fact that the AGFC has consistently published the trout regulations for this jewel of a steam prove its historic recreational use and thus navigability?

[1969Larson]

Also, those trout are not reproducing. I can tell you where they are coming from.