Fishing on private land

D
Dirty007
Does anyone know if you can fish on private land as long as you are in the water?
 
Solution
rogerdodger
Dirty007 said:
For instance. I fish the Calapooia River up by Holley. Wyhouser logging owns land the river runs through.

Oregon water rights laws are a little confusing (messed up), but in most cases, land owners do not own the land under the water (or the water), this is definitely for any navigable river/stream, they would own right to the edge of the water but not the actual river/stream area.

On the other hand, a totally contained pond on private land is in most cases private property.
Blue Lines
Blue Lines
JasonInBend said:
Hmmm...that is contrary to the AG's public opinion on this topic from 2005. In that opinion it was stated that non-navigable waterways that are large enough to run a boat up/on can be used by the public. Maybe I'm mis-interpreting it. Waterways that have been officially designated as navigable are state-owned and available to the public, but for the remaining bodies of water we default to the AG's 2005 opinion.
Further reading of the 2005 opinion also reveals that waters which are or ever were used for commerce or transportation of people are considered navigable. Running logs down a river is considered historical commerce (which has been done on most mountain rivers and many large streams in the cascades and coast range).
 

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