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Are streams and creeks in IN public waters?

Discussion in 'Questions about Indiana Hunting/Fishing Laws' started by tilesetter, Jul 26, 2006.

  1. Just wondering if it is legal to fish in a creek or stream without the land owners permission?I always thought that as long as you do not get out of the creek or stream onto the banks or thier dirt property it is legal? HELP?
     
  2. I copied this question to the law questions sections- hopefully our consulting Conservation officers will help us out here.
     

  3. I dont know about wading. But if you can get there with a boat from a public access ramp,,, its open to the public.
     
  4. I thought that if the property was owned on both sides by private parties than it was restricted. But I can't see anyone staking claim to water. Whats next the fish, sand, and trash in it?
     
  5. navigable

    I think a stream/creek should at least be able to support a canoe most of the way. Otherwise, it is not really a navigable waterway and you are just walking through someones property (trespassing). I think a creek such as White Lick near Mooresville/Centerton or Sugar Creek in Johnson Co. is as about as small as I would feel comfortable with. These are waters controlled by the state but are defined by the banks of the stream.

    Eric
     
  6. I think i am going to agree with Eric on this one there has to be a cut off somewhere. I think a water way has to be navigable with a boat, before it can be considered public. If you think about it what if there is a small feeder creek off another major stream, can someone just walk up that little feeder and do what they want as it runs through your land. Doesnt seem right to me
     
  7. Flood...

    What if The water way is Flooded how far can you go then..How far up up the bank is Legal???
     
  8. THE BOAT THAT YOU ARE IN CANNOT TOUCH THE BOTTOM OF THE STREAM. IF IT DOES AND YOU CAN ONLY NAVIGATE BY PUSHING OR WALKING YOU ARE SUBJECT TO TRESPASS LAWS.
     
  9. That is my understanding as well.
     
  10. So if my land floods you can ride in a boat on my LAND....BS
     
  11. not quite

    Rivers and streams are defined by the banks at mean water levels, brew. So if a stream floods your pasture and a boat is floating out there in the floodway, I think it would be considered trespassing. Unless, of course, you have permanently lost that ground due to erosion and the water stays there connected to the stream constantly (like an oxbow lake). Most of those things have to be determined legally (riparian rights).

    Eric
     
  12. If I am ever down your way Brew, I will make sure I call ya to get your property boundries. But I would bet Eric is right. The river or stream would be determined by its banks. Just do your best not to shoot me when I am paddling around in your backyard!!!!
     
  13. I ask once about 15 years ago about this type thing. I like to trap and fish streams and creeks and by what I found out that as long as you are in the water wading and setting traps they can't tell you your trespassing. ( Don't start jumping on this until you find out the truth, trapping is trespassing if you set your stakes on the bank not in the water.) Think about it when the county or state cleans the creek or stream or even a ditch they have the right way for 50 to 75 ft so they can get there equipment along the bank. Like I said this is what I was told 10 to 15 years ago. If a creek or stream is running thru your property I think you are not aloud to dam it up or pump the water to another pond.
     
    Last edited by a moderator: Jul 27, 2006
  14. Are you telling us that these are public water ways? Huh, I never made the connection!:evilsmile
     
  15. I am ready to start fishing for the smallies in this particular creek,it is a feeder creek to the tippe river ,that starts close by my house,,,,,any help from DNR on this would greatly be appreciated.....
     
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