How to apply existing river law in actual practice

Discussion in 'Fly Fishing Forum' started by National Rivers, Dec 18, 2013.

  1. Good morning,

    Many have asked, "how do you apply river law facts/info to the situation I'm facing on this river?" So, we made a page to address that. Here is the link http://www.nationalrivers.org/how-to-use-nor-materials-in-actual-river-disputes.html

    We will be finalizing a "River law application/strategy guide" in the coming weeks, and will keep you posted when it is ready. Yet, the same principles apply from the link above.

    We hope this helps, so that you can be like Ed the fisherman and have your river rights applied in practice!

    Happy holidays,

    Team NOR
     
    underachiever, Peyton00 and Irafly like this.
  2. Brian Miller

    Brian Miller Be vewy vewy qwiet, I'm hunting Cutthwoat Twout

    Will the guide NOR publishes provide detailed information on how to prove that a river was ever considered navigable under federal law, for Commerce Clause purposes?
     
  3. Hi Brian,
    Good question! People with substantial experience running rivers in today's world, and who have studied how rivers were used in the 1800s for fur trade canoeing and the transport of logs, shingle bolts, and railroad ties, are qualified to verify which rivers were usable for those purposes back then, and are usable today. These rivers are navigable for Commerce Clause purposes under federal law, so they must remain open to public uses. That is why it is important for river users to understand how these various historic uses operated, and to tell government agencies and riverfront landowners which rivers were usable for those historic uses, and are still usable today for modern uses. This is discussed in detail near the end of Chapter Three in Public Rights on Rivers.
     
  4. Peyton00

    Peyton00 Active Member

    Next time this old grumpy man on the noochee comes down and yells at me for dropping anchor in his section of the river, I am going to shove that book right down the barrell of his 20ga shotgun. ;)


    I do appreciate all that you post on this site. Its encouraging to see others with such zest for the freedom of our rivers. thank you!
     
  5. troutpounder

    troutpounder Active Member

    It really is crap that the land owners think they can do this....... sad really
     

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