Posted waters?

[Skidz]

Today my wife and I were fishing off of White River and came across a nice deep and wide cut from the main channel. However, there were posted/ no trespassing signs just in from the mouth, on one side, and obviously placed for boaters. So, we turned around.

I was thinking that state controlled waters, and any waters they feed, were considered public. And I can't find any laws relating directly to water access; the only trespassing laws concerned land.

Can someone help me out or point me in the right direction?

Thanks,
Skidz

[steve48]

Skidz, I was told by the law about 1975, that you were legal in a running body of water as long as you didn't get on the bank. I put in peyton creek in downtown Leslie and floated way down to the truck.Couldn't get boat out where it crossed under road, so I started to get out in a man's pasture 15 ft from bridge.The law was called, and I knew I was wrong.I ended up getting it out at bridge, and he put 12 guage back in his truck. They told me I had to stay in creek, or the bank was his land, so I'm in agreement with you on this.

[olduckhunter]

go to the miss forum there's a lot there about what a person can and can't enter. don't remember whether it's a sticky at the top of the forum or in the off topic forum but it's there sommers.

[NIMROD]

go to the miss forum there's a lot there about what a person can and can't enter. don't remember whether it's a sticky at the top of the forum or in the off topic forum but it's there sommers.

Arkansas and Mississippi each have their own laws.

[NIMROD]

Skidz, I was told by the law about 1975, that you were legal in a running body of water as long as you didn't get on the bank. I put in peyton creek in downtown Leslie and floated way down to the truck.Couldn't get boat out where it crossed under road, so I started to get out in a man's pasture 15 ft from bridge.The law was called, and I knew I was wrong.I ended up getting it out at bridge, and he put 12 guage back in his truck. They told me I had to stay in creek, or the bank was his land, so I'm in agreement with you on this.

Most public roads have a right of way and it depends on the road. I think some State high ways may have 100' right of way. Better check but usually can take out along state highways as the right of way is public.

[olduckhunter]

Arkansas and Mississippi each have their own laws.

there was a big discussion on the refuge about this. most was federal law which supercedes which i don't know. the main thing was if it was navigable at the normal high water level. a ditch off of a river i don't think would come under the laws. unless it wasn't man made maybe. even a lawyer on the refuge was not sure but said he would defend free anyone that got a ticket treaspassing a certain place talked about on there. he said it would come down to a court case to decide for sure but who wants to be out maybe thousands of dollars doing it?

[NIMROD]

there was a big discussion on the refuge about this. most was federal law which supercedes which i don't know. the main thing was if it was navigable at the normal high water level. a ditch off of a river i don't think would come under the laws. unless it wasn't man made maybe. even a lawyer on the refuge was not sure but said he would defend free anyone that got a ticket treaspassing a certain place talked about on there. he said it would come down to a court case to decide for sure but who wants to be out maybe thousands of dollars doing it?

I was told federal law supercedes state law.

[hotrod98]

I posted the same question directly to the G&F last year but it had to do with a small lake that was accessible when the Cache river got high. I was told that if the lake was accessible at or below "high water mark" that it was not tresspassing as long as your foot didn't touch land. I proceeded to catch the fire out of crappie the next weekend Now just how exactly you determine "high water mark" is open for debate...

[Turnr]

Most of those signs, I have found, are for duck hunters. Even if the lake is "owned" if you can boat, you can fish. However, you can't anchor, get out or throw out decoys where the weight would touch the bottom. There are several off of the White near Georgetown. One is Newman. It has signs but we fish regularly.

[Skidz]

Cool.

Thanks guys!
I appreciate the help.

Skidz