Silver Creek Reservoir

[jiggin' fool]

Took a little drive last weekend, with the pup. Cruised near the Silver Creek Res. out on Cty 11. Noticed 2 portables set up on the ice in the SW corner. Seems they accessed by parking on the east-west gravel road, near the creek, and walked in through the WMA. I thought perhaps access had been granted, after the posts on this forum a while back, and the conversation with the city/county. However, the area is STILL well posted, stating NO TRESPASSING/NO HUNTING. Anybody know what gives here??? I don't even think there is much for fish in there, as it was never properly stocked. Just thought I would let you all know what I seen, and am curious........,

Haven't even cut a hole yet.., but the itch is THERE!!!!

[CrappieJohn]

Until public notice has been filed stating otherwise, I'd say they were trespassing. Try calling the sheriff's dept and ask if it has been opened up or if they have relaxed their position on the usage of that reservoir.

[Down to Earth]

1. What is lawful access?

A stream or lake is lawfully accessible if there is a public access, or if public land or a public road right-of-way abuts the surface of the water,

I agree with you in I don't think there is much for fish there, but to be honest I'm not sure.

Above is a small piece of the 2004 DNR Regs dealing with the trespass law. If indeed they did cross on land to reach the reservoir they are trespassing. I know there is a feeder creek that abuts the road you mentioned running east-west of the reservior. One could interpret the law in that as long as one stayed on this feeder creek and not walk on land going into the reservior, then they have accessed it legally.

That said, I do not know the legality of this theory as I'm not a lawyer in property law. Also, I WOULD NOT encourage or recommend anyone accessing the reservior without getting law clarification from the Minnesota DNR and/or Olmsted County Sheriff BEFORE HAND.

Andy

[Jim W]

Not so sure I would write off this water as a non-fishery.

I have heard more than one story over the years of decent fish coming from said resevoir.

The "heads" at play need public pressure. This IS the only way anyone will be granted access.

Jim W

[CrappieJohn]

Jim....I think you were the one that spoke of a little tale related to you by someone who has access to the water from a work standpoint. I am not trying to say there are not fish there. I am trying to say that until there is a "legal" way to access the water, people need to mind the law.

Whether or not water/land with public access abut, the problem lies with the land use issue with Haverhill Township and how the wording on that agreement applies. My information came from the chief city administrator who was in charge of the city's end of the joint powers and who was instrumental in getting the township to agree to the dam. It is specifically worded to exclude any fishing, hunting, boating, etc. The sole purpose of the lake behind the dam is water storeage.

People fishing this pond are giving all fishermen a black eye by doing so.