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Old 11-03-2010, 04:07 PM
Bfish Bfish is offline
Senior Member
Join Date: Dec 2009
Location: SE TN
Posts: 134

Originally Posted by NDuncan View Post
You are wrong, unless the US supreme court ever reverses its decision that all navigable rivers in the US are 'held in trust by the states' for the public up to the high water mark.
Unfortunately there is about 3x the number of declared navigable streams that have not been deemed navigable in TN. Including streams such as Harpeth, Collins, Calfkiller, Caney, most of the Sequatchie, headwaters of the Buffalo, and most any tributary creek.

Your correct though, on navigable rivers we generally have the right to wade to the high water mark, although even that is sometimes controversial.

Also just because one can float a stream in a boat does not make it navigable. In most cases it takes a legal opinion, which usually requires interstate commerce to have taken place in the past. Rarely is float-ability a consideration.

EDIT, ah you posted while I was typing.
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