Washington County Creeks & Streams Info: Don't Get Shot!

[doohickey]

This past Sunday I took my dog and went fishing on Clear Creek just west of Johnson, Arkansas. I parked at Wheeler bridge and walked downstream to a hole and began fishing. The dog is young so I was working with her and making sure she stayed with me. Another fisherman came walking upstream during this time and we talked and he then continued off upstream. About an hour into the trip the dog takes off, so I go after her downstream. I went a couple hundred yards calling for her but staying in the stream the entire time. Suddenly I hear a man yell "get out of here" and then a gunshot. I yell at him to please not shoot my dog and that I'm just trying to get her back. He then yells "get off my land" and three more shots.

I'm completely deaf in one ear so it was hard for me to tell exactly where he was shooting from. I'm freaking out at this point thinking my dog is shot and not even realizing this guy might be shooting at me. At the time I was thinking it was just about the dog and was under the assumption that the creek was state property and I was legal as long as I didn't go beyond the high water mark. I've fished in this location twice before and have friends that fish there all the time, several times a week in fact. So I start walking back upstream towards the bridge and that's when the guy comes down to the creek with his pistol now holstered. I ask him if he shot my dog and he says no, he shot into the water. That's when it dawns on me, I'm standing in the water where he was shooting. He then starts yelling at me to get off his land, it's private property and he's tired of dealing with "you people". I didn't argue with him as I wasn't armed and it obviously wouldn't have been a very good idea. Fortunately, the dog was waiting where I had left my gear and she was terrified, but ok.

So I go home and call the AGFC after not being able to find much information about the legal status of Clear Creek. I had read enough to understand that it's only legal if it has been deemed navigable, but was unsure of it's status. The very nice lady who answered the phone told me that Clear Creek is deemed navigable in Crawford County, but she didn't know about Washington County so she had to call me back. She called back shortly and informed me that no streams or creeks in Washington County had been deemed navigable. The captain she spoke to said the land owner had the right to tell me to leave but it was illegal to shoot at me and that I should file a complaint with the County Sheriff.

At this point I don't want to deal with it further. Admittedly, the dog should not have gone up to his property and I'm very glad she didn't get shot. I'm not happy about being shot at myself. I have always been cautious about the laws, purchased necessary licenses and made sure to clean up after myself to the point where I usually pick up any trash I see, whether it's mine or not. I thought I would leave this here as I know many people who are under the assumption that these creeks are public property and fish them all the time. I really hope this hot-head doesn't end up shooting somebody. In my opinion, the area should be posted as it's obvious people fish there all the time.

[fishinwrench]

How can a stream/river be "deemed navigable" in one county but not in another. Same stream right ?

[doohickey]

Yes, very same stream. The lady at the AGFC stated that the county has the authority. It's a very grey area which I believe needs to be addressed. There are federal and state mandates and sometimes a stream may fall under one, or both, or neither. Totally confusing IMO.

[Feathers and Fins]

Ok this comes up frequently and until someone presses the issue in court nothing will be done even though there is case law all the way back to before our constitution ( see ; colonial ordiances of 1641-1647 in ma )

One of the first acts by congress was to establish waterway rights, it really is one of the strongest laws in the history of the country there is an enormous amount of case law on it. courts have been consistant on it it makes sense i think and goes back to the founding of the country. one of the things the founders of the country wanted to be different from the crown on.

This has gone to the SCOTUS many times and they always side with what is basically ( Puritan time law ) add in all the case law and its the public would win every time. Now if someone was to try and run ( IN ARKANSAS ) someone off the land they would in fact be in violation of the law as they would be violating the constitution and hunters/fishermens rights in state. Hunters right basically a misdemeanor, but interfering with federal waterways act is a felony and if a weapon is present on the reporters ( landowners property ) it could be an additional charge of Terroristic Threatening.

The problem is most people do not have the money to force this through to scotus once and for all. And even then all law enforcement agencies would need to be advised to the law in dealing with land owners.

[doohickey]

I would love to take this to court, unfortunately, I don't have the means to do so.

[Guest]

How can a stream/river be "deemed navigable" in one county but not in another. Same stream right ?

They're different streams.

[doohickey]

That is the side I thought he was shooting from. I am deaf in one ear so it's near impossible for me to tell which direction it was coming from at the time. However, the landowner approached me from the opposite side of the creek so I am under the assumption it was the guy living in the house just to the north of your marking, across the creek.

[fishinwrench]

I would call and request that he be charged with unlawful use of a firearm, then let HIM request that you be charged with trespassing.....

Now the prosecutor has to decide who's right and who's wrong. And they'd better get it right the first time or you could very well be on the road to early retirement.

Shouldn't cost you a dime in legal fees if you get the ball rolling FIRST.

[Guest]

That is the side I thought he was shooting from. I am deaf in one ear so it's near impossible for me to tell which direction it was coming from at the time. However, the landowner approached me from the opposite side of the creek so I am under the assumption it was the guy living in the house just to the north of your marking, across the creek.

the house on the northside of the creek?

[doohickey]

Yes, the one closest to the creek, just north of the property you had marked in the previous picture.

the star is where he approached me.