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  #11  
Old 06-10-2009, 12:29 PM
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ChemEAngler ChemEAngler is offline
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Here is a link to navigable waterways in TN. This list is for rivers that feed the Tennessee River.

http://www.lrn.usace.army.mil/cof/pdf/Tennessee%20River%20Section%2010.pdf

South Fork Holston River: (Holston River Mile 142.2) - Mouth to Mile 73.7 Head of Slackwaters of South Holston Lake.

I don't have a map that shows the river miles on it, so you will have to some research to see if River's Way area falls into this section. I believe it does. If it does fall into the section that is classified as navigable, then I don't think the landowner has a leg to stand on if you were standing in the water at the time of the incident. If you were walking on the island, then that is another scenario. I have fished in that area many times before and have never had any trouble with landowners, but I haven't been there since last fall.
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  #12  
Old 06-10-2009, 12:33 PM
MtnMike MtnMike is offline
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I just picked-up a copy of the September issue of Fly Fisherman magazine. There is an interesting article on a recent Supreme Court decision in this issue. The incident in question (Weber River, Utah) happened in June 2000 and the guide was cited for and convicted of criminal trespassing, this case eventually ended up in the Utah Supreme Court and in July 2008 the supreme court reversed the lower courts ruling and gave anglers the right to be in the sreambed after lawfully gaining access.
That's Utah, not Tennessee. Notice it took 8 years and is now being challenged with legislation. I've read a ton of stuff and haven't scratched the surface. I had lawful access and was a long way from the low-water mark, but if he calls the police or TWRA I believe that I will be cited for trespassing. I can fish someplace else, but I believe this impacts anyone and everyone who wants to continue to fish our streams.
Mike
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  #13  
Old 06-10-2009, 12:33 PM
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This will be interesting to see how this plays out. That portion of the river gets used quite a bit, I actually fear for the safety of the landowner.
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  #14  
Old 06-10-2009, 12:40 PM
gutshot gutshot is offline
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Quote:
Originally Posted by MtnMike View Post
I had lawful access and was a long way from the low-water mark, but if he calls the police or TWRA I believe that I will be cited for trespassing.
Mike

Sorry if you have no faith in our legal system. The TWRA officers might surprise you, they work for people who hunt and fish.

Maybe you can contact your local TU. They might be willing to help out here, afterall they need all the good stream access PR they can get after the Montana debacle.
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  #15  
Old 06-10-2009, 12:40 PM
Byron Begley Byron Begley is offline
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Here is another problem I found by talking to TWRA about this same issue in Townsend. TWRA can not stock trout which are owned by the citizens of Tennessee on private water. So, if the issue becomes a bigger problem they can stop stocking. Sometimes when they threaten to do that, the landowners back off. Sometimes they don't back off and the stocking is curtailed.

Deeds and surveys of property on the Little River describe the property line as the center of the stream unless you own both banks. That property line moves over time as the river changes. You can float through but you can't touch the bottom without tresspassing.

Some States, Cities and Counties remove river bottoms from deeds when they are transferred. Eventually, over decades the problem goes away.

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  #16  
Old 06-10-2009, 12:44 PM
gutshot gutshot is offline
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Byron is the little river in the place to which you are referring defined as navigatible?
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  #17  
Old 06-10-2009, 12:46 PM
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silvercreek silvercreek is online now
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http://www.americanwhitewater.org/co...p/id/access:tn Note the specific refernce to the South Holston. This looks like we are back to the landownercontrolling the river bed.
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  #18  
Old 06-10-2009, 12:47 PM
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Quote:
Originally Posted by gutshot View Post
Byron is the little river in the place to which you are referring defined as navigatible?
Sorry to jump in, but thought I would add this.

On the link I posted previously, Little River does show as being navigable up to Elkmont!!!
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  #19  
Old 06-10-2009, 01:06 PM
gutshot gutshot is offline
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Forget about it, as it appears to be a private act. You'll need enough money to buy a politician to get that one changed.
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  #20  
Old 06-10-2009, 01:07 PM
MtnMike MtnMike is offline
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Coming from folks who have past experience with similiar issues I am being told that it will be local law enforcement who comes out, not TWRA. And they usually ask you to leave or be cited for trespassing. It bugs me that I could be cited for trespassing when I have lawful access from the opposite bank. I don't want this to be about one incident, I am concerned for the future ability to fish these rivers. If private landowners can stop you from walking or anchoring on the streambed then eventually we could lose the ability to fish this river everywhere except the upper end where TVA has property.
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