Miami River Chum Salmon Fishing

D
duanedoran
halibuthitman said:
Thank you Duane, I have been told that before, but I get leary of word of mouth info so I just fish where I know im safe
You are welcome and it's not word of mouth, rather fact. I use to be President of an organization that worked very hard for several years to convince the Attorney General to make the ruling. If you have questions go to the Northwest Steelheaders website and look for stream access issues. They've been on this for years and have lots of useful information.
 
H
halibuthitman
and welcome to the forum!
 
brandon4455
brandon4455
duanedoran said:
The property owners may if fact have deeds that claim ownership of the stream bed but based on the legal findings of the State's Attorney General we received 4-5 years ago the river meets navigability status (in essence, if it'll float a boat, it's navigable) which provides public access of the stream bed to the high water mark. That is generally where a noticeable change in plant life occurs. You cannot access the stream bed through private property without permission and if someone gets hostile it's best to walk away unless you want to set a precedent. If you do, leave the immediate area and call the Sheriff. There are very few waterways in this state that do not meet navigability requirements and many land owners will try and bully and threaten you into thinking they are right. They are not and you have the right to be there, just be smart about it.

well,just a heads up...the miami isn't that big of a river so ..you can't fit some huge ass boat in there i'd toon it
 
B
beaverfan
duanedoran said:
You are welcome and it's not word of mouth, rather fact. I use to be President of an organization that worked very hard for several years to convince the Attorney General to make the ruling. If you have questions go to the Northwest Steelheaders website and look for stream access issues. They've been on this for years and have lots of useful information.

If the state deemed it navigable then why is it not on there list of navigable waterways? Not saying your wrong just curious. IMO if a landowner has a deed that includes the stream bed is it not a violation of there rights to have people tromping on there property anyways? I think that would be a tough one if not impossible to win in court so it's probably a good idea to heed on the side of caution.
 
D
duanedoran
beaverfan said:
If the state deemed it navigable then why is it not on there list of navigable waterways? Not saying your wrong just curious. IMO if a landowner has a deed that includes the stream bed is it not a violation of there rights to have people tromping on there property anyways? I think that would be a tough one if not impossible to win in court so it's probably a good idea to heed on the side of caution.

Beaverfan,

The "Equal Footing Doctrine', which governs how new states came into the Union, clearly indicates that the public has a right to use any waterway that meets the basic criteria of being 'navigable'. In fact for years now title companies have inserted language into the deeds of waterfront properties that indicates the state may have ownership of the stream bed. This is usually only done when there's a change of ownership.

The issue is very clear on waterway that have been legally determined navigable. The problem's was that is was still vague on the other waterways until the Attorney general issued a legal opinion a few years back.

Duane
 
J
JeannaJigs
I do not know how I missed this thread when it originally happened but holy carp, fantastic lol.
 
rogerdodger
rogerdodger
JeannaJigs said:
I do not know how I missed this thread when it originally happened but holy carp, fantastic lol.

same here, I missed this and almost needed a second latte this morning as I was chuckling my way through this thread...

and thanks to duanedoran for adding waterway info and links, welcome to OFF!, when I was a kid fishing in E.Oregon in the 70's, everyone knew the river bed was public, then at some point it got all confused and messed up, it sure would be nice to have it all cleared up again....
 
T
troutmasta
JeannaJigs said:
I do not know how I missed this thread when it originally happened but holy carp, fantastic lol.

No kidding!
 

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