About public domain water rights 2024

Catch 22 reply :

A local pond with homes around most but not all of the water has been a real good producer over the years. I go there twice a year at most, always during the winter. Total c & r . There was one other boat on the water with me one time in ten years .

Someone posted the pond just off shore in the water as no trespassing private property==probably the HOA

Here is the way I understand the law. If I enter the water from a state property highway easement zone, never touch any private shorelines or docks, then I am totally legal to be there. The water is public domain. Water flows into it from another pond a few miles away, then drains into a pond down stream. I plan to fish there soon, after I visit the county seat to get property boundaries..

I`m not looking for a fight but want to be prepared for a confrontation.

The reason I`m nervous is because I lost entry privileges to three different spots just last year. Same situation, just no decent access. I don`t blame owners for closing down because of the way people treat places they don`t own or maintain, and /or liability

Does anyone have any experience with a situation like this.

Thanks C22

scaleface reply :

I had verbal confrontations that almost turned into a fist fight twice with people fishing our private neighborhood lake . I dont know the law . Some of the lake bordered an interstate and part a city street . These people would come in and trash the place up . I walked to the lake every day to pick up their trash . Ive seen females sun bathing in a yard while their scumbag boyfriends fished . I saw a car park in the same yard and get stuck . Once there was a car with out of state plates there . The lake is posted now but that doesnt do any good . People run around like they own the place .

I dont know what its like in your case but I speculate some people have had enough .

J Francho reply :

Get what ever permissions you need documented, and prepare to produce that to any law enforcement that I'm sure you will encounter.

"hamma" reply :

Id be pro-active about this if I were you, follow J Francos advise above, and go even a step further to protect yourself.

If HOA means a lake association, or water board. Attend their meetings, speak up when need be, make sure that you are covered for incounters. Instead of waiting for one to happen, be pro-active and insure your in the right before the powers that be decide otherwise

the reel ess reply :

I'm in SC. My niece and her hubby live in a place like that where there are landowners everywhere except one corner where it's right beside the road. People have a right to fish from the road corner (which they do and they leave trash that homeowners clean up) and that's all. If they're caught on the water or any of the other people's property, cops are called, they're notified they're trespassing and the next time it's a fine (trespassing with notice) The third time, it's a punishable by imprisonment.

People who don't live there and don't pay fees to keep the pond up or help pay additional insurance have no rights to the water that's landlocked. The reason being, those people who owned the land at the bottom of the pond before it was a pond still own it.

Ask a landowner for permission to fish, then you'll be all set even if you come in from the road. Just be sure all your ducks are in a row. Don't assume anything.

J Francho reply :

On 1/18/2017 at 2:12 AM, the reel ess said:

The reason being, those people who owned the land at the bottom of the pond before it was a pond still own it.

This is not a universal thing. It can vary from state to state, town to town, county to county, parcel to parcel.

Like you said - GET PERMISSION. And carry proof of it.

the reel ess reply :

On 1/18/2017 at 2:19 AM, J Francho said:

This is not a universal thing. It can vary from state to state, town to town, county to county, parcel to parcel.

Like you said - GET PERMISSION. And carry proof of it.

Absolutely. I fish a place that is landlocked and it's a public water supply. the landowners own all the rights except to take the water.

J Francho reply :

There have been decade long legal battles over water rights. Personally, I see a trend of shoreline landowners over-stepping their bounds on public water, but that is a political post for another forum....

the reel ess reply :

On 1/18/2017 at 2:31 AM, J Francho said:

There have been decade long legal battles over water rights. Personally, I see a trend of shoreline landowners over-stepping their bounds on public water, but that is a political post for another forum....

I kayak and have taken it down a creek and some rivers. In SC, if you can get down a moving creek by boat, and a kayak is considered a boat, you are not trespassing up to the high water mark. A man about a year ago got tired of people getting out of their kayaks and canoes on "his sandbar" and he shot one. He sits in prison now because he was ignorant of the law, plus he shot an unarmed man. A stupid waste of life.

But on the other hand, when I go down a river or creek, I see tons of trash people carelessly leave behind because they don't own the property. Water gets high and it ends up on people's property. It's wrong for property owners to have to clean up after others.

KLoell reply :

Is there a way to look up what is public water and what isn't via a website?

mixel reply :

I find this to be a very interesting subject and have been thinking about posting something similar. In California, there are some applicable rules which can be read here: http://www.keepcalmandflyfish.com/2015/07/california-water-law-private-vs-public.html

It could get very confusing, very quickly when you start considering things like high tide lines, water levels, the terms navigation, obstruction, land ownership, public easements, federal and individual state laws. Seems like you should really do your homework on this and talk some local knowledgeable experts on the matter.

Also an interesting read

http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=3023&context=californialawreview

1. U.S. constitution grants "Freedom of navigation and the public’s right to use rivers are guaranteed by the Commerce Clause. The congressional Act admitting States to the Union requires that 'all the navigable waters within said State shall be common highways and forever free.'"

2. California State Constitution, Article 10, Section 4 - Forbids individual, joint and corporate landowners from obstructing free navigation...

On 1/18/2017 at 12:00 PM, KLoell said:

Is there a way to look up what is public water and what isn't via a website?

Maybe contact these guys

http://dnr.maryland.gov/boating/Pages/water-access/boatramps.aspx

Jagg reply :

Not uncommon to be fishing a navigable river or creek in TX and come across wire fence that cuts from one side of the bank to the other. We'd call the Wardens and they would inform the land owners. Sometimes a flood would take em down before the landowners would.

Sam reply :

On 1/18/2017 at 1:20 AM, J Francho said:

Get what ever permissions you need documented, and prepare to produce that to any law enforcement that I'm sure you will encounter.

Yes. J is totally correct.

Have a letter from the HOA or owner giving you permission to fish the waters.

I also suggest contacting a knowledgeable person at both the Maryland and Delaware game departments and ask them for their input.

I remember the legal battles over the question of public domain waters in Louisiana when the Mississippi River floods. I don't recall the legal outcome but anyone down in the Sportsman's Paradise who knows the outcome please post it for us.

12poundbass reply :

On 1/17/2017 at 11:36 PM, Catch 22 said:

A local pond with homes around most but not all of the water has been a real good producer over the years. I go there twice a year at most, always during the winter. Total c & r . There was one other boat on the water with me one time in ten years .

Someone posted the pond just off shore in the water as no trespassing private property==probably the HOA

Here is the way I understand the law. If I enter the water from a state property highway easement zone, never touch any private shorelines or docks, then I am totally legal to be there. The water is public domain. Water flows into it from another pond a few miles away, then drains into a pond down stream. I plan to fish there soon, after I visit the county seat to get property boundaries..

I`m not looking for a fight but want to be prepared for a confrontation.

The reason I`m nervous is because I lost entry privileges to three different spots just last year. Same situation, just no decent access. I don`t blame owners for closing down because of the way people treat places they don`t own or maintain, and /or liability

Does anyone have any experience with a situation like this.

Thanks C22

I believe you're right on your understanding with the law. I'd double check with your DNR/conservation/warden officer. If they give you the thumbs up, I would as a show of good faith pick up any trash along your travels of the private pond. People can be crazy when it comes to private waters so be careful. I knew a guy who was legally duck hunting a small private lake with only two home owners. As the morning went on and the ducks were falling the other home owner came out in her boat and proceeded to pick up some recently shot ducks and decoys! Long story short she was charged with theft and possession of water fowl without a license!

Catch 22 reply :

Thanks for all the input. As suggested I will do some homework before going there again.

I`ll be heading to SCarolina soon so this glitch can wait.

C22

N Florida Mike reply :

In our lake the only way to get in is to tresspass or ask permission . One guy would fish in back of vacant houses off docks.People say hes not hurting anything but he still had to trespass to get to the lake.If he wants to fish there he either needs to buy him a house on the lake or ask permission.Plus he was keeping whatever he caught.One of our board members harassed him enugh until he quit coming.

Ive been on both sides of the coin though.I recently got asked to leave a pond that connected to one of our parks.There were houses on the other side ( where I did not go ) and wasnt posted where I came out of the woods.Not long after that a lady came around from the houses and began asking nosey questions and told me it was private property and didnt I see it was posted.The sign was clear across the pond and unreadable from where I was.If it had been where I was,I wouldnt have fished there to start with.I did kind of get an attitude with her but just left.I was there to fish ,not fight.Fishing there stunk anyway.

Sorry for the rambling.Do what 2 kids did.They went door to door until they got permission to fish.( In my backyard ! )

NCbassraider reply :

As a property owner that has a lake on it I deal with trespassers often. The most often excuse is "you can't own a body of water". Yes you can. Most are referring to laws regarding rivers and streams or tidal bodies of water. It doesn't matter if water flows into the pond somewhere. That doesn't count.

I am assuming someone owns that body of water (assuming the HOA) and whoever that owner is has the right to post it and keep people off it. This is the way it works in NC and most States, I'm told.

flyfisher reply :

Here in Virginia i do searches on our county GIS mapping websites and i can look at any body of water and determine who owns it, even if it is federal or the state. If it is private it also has the owners information so with a little digging, yo can find he actual owner and speak with them or at least attempt to in order to gain access.

I am lucky that I have enough public places nearby that i don't mess with private fisheries anymore as it is more of a pain than it is worth.

the reel ess reply :

On 1/18/2017 at 4:20 PM, Sam said:

Yes. J is totally correct.

Have a letter from the HOA or owner giving you permission to fish the waters.

I also suggest contacting a knowledgeable person at both the Maryland and Delaware game departments and ask them for their input.

I remember the legal battles over the question of public domain waters in Louisiana when the Mississippi River floods. I don't recall the legal outcome but anyone down in the Sportsman's Paradise who knows the outcome please post it for us.

On 1/20/2017 at 10:17 AM, flyfisher said:

Here in Virginia i do searches on our county GIS mapping websites and i can look at any body of water and determine who owns it, even if it is federal or the state. If it is private it also has the owners information so with a little digging, yo can find he actual owner and speak with them or at least attempt to in order to gain access.

I am lucky that I have enough public places nearby that i don't mess with private fisheries anymore as it is more of a pain than it is worth.

I'd like to add to this. in my state, I only need permission and access from one landowner to fish it all as long as you don't get on others' property. I would also stay off others' docks, even if there's a high water level clause. They may not realize it. If there's a card or permit necessary to have in your possession, you'd better get it. Other homeowners and the DNR or police can ask you for it. Here's one I have. On the back is a list of things I agree to respect regarding property and laws and it's signed by me. It can be taken from me by the owner at any time or the DNR if I mess up.

Paul Roberts reply :

Each state is different. Some states the landowner owns the water too. In others it's only the bottom. You'll want to know how your state laws are set up, then get the actual property boundaries and see if they jive with what the landowner is claiming. Good luck. I hope you still have access.

The first thing I would do as ... Benevolent Czar ... is give public access to all waters, via right-of-way, all the way around. Then again, when my brother sat me down to play Sim-City years ago I just built parks everywhere. When the populace began to riot and the police complained I built a park over the station. When the hospitals became overcrowded I built a park over that too. I built parks on every acre of land, until I ran out of money on the very last square. It's probably a good thing I'm not "Benevolent Czar".

N Florida Mike reply :

On 1/21/2017 at 12:51 AM, Paul Roberts said:

Each state is different. Some states the landowner owns the water too. In others it's only the bottom. You'll want to know how your state laws are set up, then get the actual property boundaries and see if they jive with what the landowner is claiming. Good luck. I hope you still have access.

The first thing I would do as ... Benevolent Czar ... is give public access to all waters, via right-of-way, all the way around. Then again, when my brother sat me down to play Sim-City years ago I just built parks everywhere. When the populace began to riot and the police complained I built a park over the station. When the hospitals became overcrowded I built a park over that too. I built parks on every acre of land, until I ran out of money on the very last square. It's probably a good thing I'm not "Benevolent Czar".

I wouldnt agree with all water access for everyone. I would be for public access for natural lakes ( unless they are small and completely owned by individual owners) and creeks and rivers. I would not be for open access to man made private lakes,if completely owned by individuals.

Just think of the chaos if everyone could fish everywhere!

That being said,it better be posted or obviously private or Im fishing it.

MassYak85 reply :

The way I understand it, at least in MA, is that if the state uses funds from the license program to maintain or stock the body of water, or there is a way to access the body of water legally (i.e. not trespassing on private property to get to the shore) then you have the right as a citizen to fish it legally (with a license and following state laws). If the body of water is completely surrounded by private property then it's off limits to the public unless a shoreline property owner gives you explicit permission. One of the biggest things I hear about as far as confrontations is land owners thinking they own a part of the water around their dock and yell at people fishing around the dock. I've only had that happen once personally and just left the area, but if an EPO has to be called to resolve it, the fisherman usually gets the nod of approval in those situations.

.ghoti. reply :

On the lake where my cabin is located, the first 25' of bank from the high water mark is public property, and anybody has the right to be on it at any time.

That being said, I almost never see anybody bank fishing. And, since there is no ramp, there are almost no boats on the water. Ive seen a guy and his wife in their boat twice. A guy in a little two man once, my neighbor ladies once, and two guys in a paddle boat once. That's it in three years.

the only guy Ive seen bank fishing is a guy who asked me for permission to fish from my dock. He has been out a few times, and never leaves a mess.

the bass and crappie in this lake are very easy to catch.

Chowderhead reply :

Quote

On the lake where my cabin is located, the first 25' of bank from the high water mark is public property, and anybody has the right to be on it at any time.

That being said, I almost never see anybody bank fishing. And, since there is no ramp, there are almost no boats on the water. Ive seen a guy and his wife in their boat twice. A guy in a little two man once, my neighbor ladies once, and two guys in a paddle boat once. That's it in three years.

the only guy Ive seen bank fishing is a guy who asked me for permission to fish from my dock. He has been out a few times, and never leaves a mess.

the bass and crappie in this lake are very easy to catch.

I will be right over...

iceintheveins reply :

Navigable rivers (rivers that can float craft) are public domain below the high water mark, including stream bottoms and land below said high water mark, under federal law. However my state does not follow federal law, and allows landowners to think they own the river bottom and bank below a high water mark and call those who fish there "trespassers" even though under federal law it is public, so it's false trespass. The state law is null and void in this case, but Colorado doesn't enforce this. Some states don't obey the law. I've told several land owners to screw off but I don't tempt fate because of the corruption in my state allowing landowners to break the law.

N Florida Mike reply :

Thats ridiculous that anyone could think they own the bottom of a creek or river !

greentrout reply :

Where I come from you should always have permission from an owner of a home in the HOA that allows you to fish the property. You should not try to be cute or try to be clever and not honor their wishes to keep their lake private. Some of these homes are easily 300,000 and up. Even if not it's their property and the fishing is good to excellent most of the time because someone in that HOA is keeping the lake in shape to make the fishing good.

If fishing private property is your goal because you want to fish it be prepared on some occasion to be greeted by not so friendly dogs and an owner or owners with firearms in their presence.

True.

iceintheveins reply :

On 1/21/2017 at 12:02 PM, N Florida Mike said:

Thats ridiculous that anyone could think they own the bottom of a creek or river !

I know, it's crazy, but Colorado lets them, in direct violation of federal law.

Jagg reply :

On 1/21/2017 at 12:13 PM, greentrout said:

Where I come from you should always have permission from an owner of a home in the HOA that allows you to fish the property. You should not try to be cute or try to be clever and not honor their wishes to keep their lake private. Some of these homes are easily 300,000 and up. Even if not it's their property and the fishing is good to excellent most of the time because someone in that HOA is keeping the lake in shape to make the fishing good.

If fishing private property is your goal because you want to fish it be prepared on some occasion to be greeted by not so friendly dogs and an owner or owners with firearms in their presence.

True.

I am not for trespassing or breaking any laws. Fishing is supposed to be fun and relaxing. That being said, it's not just anglers looking for a fishing spot that might be trying to be "cute ...or clever" . I have had the unfortunate experience to come across a couple handfuls of landowners who think they own the creek or river that I happened to be floating and/or fishing at the time. A few have been most courteous and we made pleasant convo, exchanged names and numbers, two even invited me to fish from their property (one because he needed a fishing partner, the other to show her how I was catching bream and bass in this stretch of river). All others had mean sneers and threats at the very least. Had 1 shot fired at me that I now of and another that I didn't see the person but the "warning shot" was in my direction. Both times I called The Law and filed charges. Couldn't ID warning shot so he walked. Other guy stood trial. Got a letter from DA saying he plead down to not serve time.

BTW, that firearm thing goes both ways. Used to not carry at all except for a walking stick to take care of the odd dog or coyote, but I carry now. Oddly never came across the coyote (did come across snakes), but have come across vigilante landowners. Thankfully have not even thought once to draw since I've started carrying.

Jagg reply :

On 1/21/2017 at 12:13 PM, greentrout said:

Where I come from you should always have permission from an owner of a home in the HOA that allows you to fish the property. You should not try to be cute or try to be clever and not honor their wishes to keep their lake private. Some of these homes are easily 300,000 and up. Even if not it's their property and the fishing is good to excellent most of the time because someone in that HOA is keeping the lake in shape to make the fishing good.

If fishing private property is your goal because you want to fish it be prepared on some occasion to be greeted by not so friendly dogs and an owner or owners with firearms in their presence.

True.

Last thing, please pick up your trash. I think angler/landowner relations would be a lot better if everyone picked up there trash and left the water better than when they came. I know all of you guys make this a prime principal, but maybe there are lurkers out there who needed to see this bit.

Brayberry reply :

On 1/20/2017 at 10:17 AM, flyfisher said:

Here in Virginia i do searches on our county GIS mapping websites and i can look at any body of water and determine who owns it, even if it is federal or the state. If it is private it also has the owners information so with a little digging, yo can find he actual owner and speak with them or at least attempt to in order to gain access.

I am lucky that I have enough public places nearby that i don't mess with private fisheries anymore as it is more of a pain than it is worth.

Virginia GIS is flawed. There's a local lake I'd like to fish, and have researched it through the city's own website on GIS. It clearly shows that the land I have permission to fish is on the lake. Actually it shows that one cove that the end of it is on the property I have permission to fish, and the boundary actually goes about 15 feet out into the water. I asked the local game warden about this and even showed him print out of the GIS map. He was stumped on whose property it was. I asked if I fished it and he was called what would happen. He just said I'd get a ticket and could go to court to try and prove ownership. He has no clue how to find out the exact gps boundary. It's complicated, and if the lake wasn't amazing, it wouldn't even be worth it. Anyways just take the info on the city's website on the GIS map with a grain of salt

flyfisher reply :

On 1/26/2017 at 9:00 AM, Brayberry said:

Virginia GIS is flawed. There's a local lake I'd like to fish, and have researched it through the city's own website on GIS. It clearly shows that the land I have permission to fish is on the lake. Actually it shows that one cove that the end of it is on the property I have permission to fish, and the boundary actually goes about 15 feet out into the water. I asked the local game warden about this and even showed him print out of the GIS map. He was stumped on whose property it was. I asked if I fished it and he was called what would happen. He just said I'd get a ticket and could go to court to try and prove ownership. He has no clue how to find out the exact gps boundary. It's complicated, and if the lake wasn't amazing, it wouldn't even be worth it. Anyways just take the info on the city's website on the GIS map with a grain of salt

Each county is different and handles their own mapping, it is not done at the state level. Also even if the map shows the boundary out into the water, that doesn't mean you have the right to the entire lake. Lake banks change over time and it is completely possible that the lake was originally owned by a single person and over time the lake banks moved which makes it look like you are on a part of the lake you can fish. Besides all that, unless the land you have permission to fish from also is the owner of the lake or a lake owners deal etc...then you are trespassing. It is pretty basic stuff really.

TommyBass reply :

As some others have stated, it probably matters which state you are in. In Indiana, you don't 'own' water, unless your property surrounds it. Anyone who's property touches that water is allowed full surface access. For instance, if there is a subdivision with houses surrounding the pond, and the county road touches the pond, you can fish there as long as you don't walk into someones back yard. You can also launch a boat there, and fish anywhere on the pond you wish (dropping anchor may become a grey point lol). Same would go for any of the home owners living around it. The land owners own the ground underneath the water. IF the pond were to dry up, then the owner's boundary's would become fully enforceable as they appear on a plat map.

jimf reply :

I have had quite a bit of experience with this issue fishing small streams (sidewalk to driveway width) for trout in SW Wisconsin. Everything boils down to what a state defines as "Navigable". If you can access a "Navigable" waterway on public land, then you are good. Differences between states can be huge - in Wisconsin "Navigable" means that you can float a canoe on it *at some point* during the year. Like during high stages. So basically in Wisco, if your feet are wet you are good. Illinois is completely different - it defines navigability as being able to act as a highway for commerce in it's natural state. This means in Illinois some bodies of water that are easily navigable by water craft aren't legally navigable.

You should be able to find your states laws online.

Karma reply :

We have a problem here with a local camp during the summer that tries to claim that their property line extends 10 feet into the Cumberland River on the Cordell Hull Reservoir.. despite being told several times by local and state officials that they do not. I didn't know it at the time but apparently they are notorious for calling the local sheriffs office and game wardens to the point where they pretty much ignore their calls.

They have a private dock and have built what is probably an illegal walkway bridge over the waterway with a fence under it keeping boats out. Its not that big of an area, but if the camp pushed an angler over they edge, they could probably take the camp to court over it and win.

It sits in the corner of the river with some nice log piles (can see in left corner of photo below), a private dock and the previously mentioned walkway bridge on stilts and is obviously for those reasons a bass magnet. I was fishing off of it last summer when a camp counselor came out and told me I was trespassing and that I needed to leave before they called the police. They ticked me off so I just shrugged and ignored him and was catching several fish which seemed to upset him. A Sheriff's deputy arrived, walked out to the dock and said the camp had called and reported that I was trespassing and that I was armed. I told him that I had been doing nothing other than what he seen me doing at the moment, and I was a deputy in the neighboring county, I am always armed. He motioned me to the dock check my ID and asked if I had stepped on their dock or bumped it with my boat, I informed him that I had not. He asked if my lure had smacked their dock or their moored pontoon boat, again I informed him that it had not. He just said ok then, have a nice day deputy we shook hands and that was that. He told the guy that I was not trespassing, I was below the high water mark and had not damaged their property in anyway. This only angered the counselor more.

part of me says to just let it go and not fish the area any more..... but the dark side of me says fish it dusk till dawn just to irritate them further. That area is a gold mine on a tournament morning for those of us that know about it.

N Florida Mike reply :

I was bream fishing with my friends teenage son at a dock down the lake in my jon boat.We had caught and kept a few.The owner of the property came out and asked me in a direct way to leave because his grandaughters fished there.I was conflicted.I had fished the lake for 40 years,and live on it.If anyone had the right to fish there I did.I had told my friends son we would only keep 10 and then leave so to not overfish it.I had not come in contact with his dock.S o I was completely within the law to fish there.

If I had been by myself there would have

been at least a serious discussion.But with David in the boat I felt that to do as asked would be the better example.I was angry to the point that I knew if I said a word it would not be in a friendly tone.I did not say a word,pulled up anchor and began leaving.He was trying to get a response by continuing to explain why I should leave.I thought to my self if he wanted to fish at my dock It wouldnt bother me even though I had grandkids that fish there.W hat Im sure he didnt realize was that the lake was full of nice bream and keeping a few wouldnt slightly put a dent in the population.

I dont have any use for people like that.But Holding a grudge doesntt help so I let it go.

Saw him while voting and made eye contact.I gave him a nod but he ignored it and walked on.

So if you can ,let stuff go.At least youll be at peace with it.By the way,my response this time wouldnt have been my response 25 years ago!!?

OCdockskipper reply :

On 1/20/2017 at 10:11 AM, NCbassraider said:

As a property owner that has a lake on it I deal with trespassers often. The most often excuse is "you can't own a body of water". Yes you can. Most are referring to laws regarding rivers and streams or tidal bodies of water. It doesn't matter if water flows into the pond somewhere. That doesn't count.

The lake I live on is like that. All of the land surrounding it is private, owned by individuals or the HOA and the lake itself is private because we pay for the water we put into it (only in Southern California ).

It is not unusual during the spring & summer for non-residents to sneak to the greenbelt areas and fire in a few casts. There have been a few people ballsy enough to launch kayaks or pondboats, but with one exception, those folks do it once & never come back. The exception is two guys in a 8 ft Pond prowler who once or twice a month launch their boat in a back cove hidden from the main lake. They fish from dawn until about 9:30, and then leave the same way before a HOA patrol comes by (Boats must be registered with the HOA to be on the lake, so it is very easy for the patrol to see if you have a sticker on it or not). What is comical is the two guys both are well over 200lbs and with them & their gear, that little 8 ft boat comes oh-so close to capsizing when either one moves. Plus, I have nicknamed one of the guys "Emphysema Man" because he has one of the loudest, most persistent coughs I have ever heard. One foggy day I knew they were on the lake and where they were even though I couldn't see them - I just heard him hacking away.

I have told the HOA about them, but haven't personally confronted them. They have seen my boat docked & obviously know where I live, so I figure I'll let the authorities do their job instead of playing harda** myself. The problem in not cracking down on them is liability. I guarantee if either of those chubbies fall overboard & drown, their estate will be at the courthouse the next morning filing a lawsuit. While they don't leave trash, what they do occasionally is smoke pot while on the water. They think know one knows, but that smell floats across the water for some distance. Pot is now legal in California, but not in public & especially not on someone elses property in which you are trespassing. Bottom line, they are being disrespectful & rude.

Chowderhead reply :

On 2/4/2017 at 11:54 PM, N Florida Mike said:

I don't have any use for people like that. But Holding a grudge doesn't help so I let it go.

Agreed -- Best to set the positive, correct example for your young fishing partner.

jimf reply :

If a landowner is going to confront me, I'll find somewhere else to fish. I came to this revelation after maybe the 2nd best day of trout fishing in my life. I had ran into a local guide that morning who shared with me a gem of an unmarked stream that he said held big brown and brook trout. He also warned me that when I got to a particular bridge, there was a chance a landowner would not be happy to see me, even though I had legal rights to the water as long as my feet were wet. Everything was exactly how it was described - enormous hook jawed brown and brook trout, and greeting me at the bridge was a very agitated guy carrying a shotgun and accompanied by two very large and unfriendly sounding dogs.

I was right legally, but he had the gun and the dogs. So I never went back, and I decided that I'd do anything to avoid confrontations in the future when fishing.

11209

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