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mcmsek

Private Property Portage

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mcmsek

Does any one know if you are paddling down a river and need to portage around a rapids if you can go on private property to do so?

Thanks

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tealitup

If your feet are in any water you are okay - dry land your are tresspassing

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picksbigwagon

I think you have up to the highwater mark, which depending on the stream and bank, could be pretty high

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Code-Man

there is lea way on the the shore land. But as long as your not doing any damage to the property I can't see why they would argue.

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USPENAMC

what about that new judge rule they had passed something about all water was private property??? dont get that though

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irvingdog

High-water mark is correct.

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monstermoose78

normal high water mark like say every spring it floods thats the high water mark. Not say the 100 year flood kind of thing.

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Flatlander

In WI it is no longer the high water mark. You must keep your feet wet. Although, if you come to an area that is impassable( beaver dams etc.), or feel that it would be dangerous(Deep hole, rapids etc.), you are allowed to exit and re-enter the river using the shortest route to do so. That is just WI though. I don't know the MN law.

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mcmsek

I got a response from the DNR that concurs that it is not the highwater mark, if your feet are not wet, you are trespassing, no exceptions.

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tjm

Well i know for a fact as of last year if your feet are wet and your walking you can still get a ticket.If the creek/river was man made like a drainage ditch thats tresspassing exception is the riteofway like intersection culverts things like that just off the road.

Thats why you see most trappers only trapping those areas.

I know 2 clowns that took a small duck boat pulled it off the truck down the ditch and into a pond.All the property prior to the water was riteaway so they figured it was ok.They even called the dnr on this 1.I'm prety sure they left out the fact that pond was private and full of monster fish.They were issued a tresspass ticket $50.00 each and lost all the fish they had

This may not apply to your situation but for those reading whats been said so far does not apply to all waters

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westb

I know for a fact that if the water comes up to the road you can access the Lake, pond, stream whatever. There is a lake close to my residence that a local game warden even accesses off the road to go fishing. Seen him do it and talked to him while he was.

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tjm

I guess thats why we have so many regs.Not 1 game warden or judge rules the same thats why ya ask the local guy what the rules are cause you'll be dealing with that person.It might not be the way another Gamewarden will tell you but thats all you need

This Goes back to me hunting next to a game warden in a city park that was not posted as 1.Kinda hard to get a ticket when this happens

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ChuckN

I agree westb. (Packer fan are we? LOL)

This should sum it up quite easily:

MN DNR "water law basics"

As a landowner/lakeshore owner myself I know for a fact anyone can access the body of water legally through a road right-of-way if water butts up to it.

For the river...keep your feet and property in the water at all times. The key words are navigable and/or non-navigable waters. Read the law in the link. wink.gif

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westb

I lost a bet. It really hurts me to have that there. Don't tell Crystal. smile.gif

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Gissert

Hmmmm Chuck, it looks like you might have just found a 'free beer lever."

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tjm

Well for 3 years the game wardens been giving tickets out to those walking down a1/4 mile drainage ditch to acess about 5,000 acres of private deer hunting land.There feet have been in the water the whole time until they reach the land they have permission to be on.They start out by walking down the bank from the road next to a culvert max of 7' from road to water.

Cranecreek had a sign posted by the dnr.Boat acess only no walking in river beyond this point without writtn permission.Someone cut the sign off in half last summer.

Explanations anyone???

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Jackpine Rob

The drainage ditch probably isn't considered "navigable waters", but rather a privately created waterway. The laws regarding such things are murky at best - but anyone relying on the water in a ditch (as opposed to a natural stream or river or lake) are probably in a trespass situation.

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