Accessing water from public road and ditch

[erikwells]

I scouted a nice slough where a farm place is next to it.  The slough is on a dirt road and there is a ditch. I'd estimate it's 25-30 from the road til you hit the muck.  Is this considered legal access?  If it is I'll still talk to the farmer to let him know we may hunt out there. Any help?  Thanks.

[Wanderer]

I'd take the time to call the local CO and get their take on it.  Based on a past inquiry I made, I'll say no.  You have to be floating by the time you leave public domain or your private property.  The ordinary high water mark doesn't always apply.

If you planned to talk to the landowner anyway, it might not hurt to ask for permission.

Edited August 30, 2016 by Wanderer

[erikwells]

Thanks Wanderer thats the best plan.  Nothing ruins a hunt like arguing with landowners or other hunters.

[carpshooterdeluxe]

legal water access from a road ditch or public right of way, the water must abut or cross the right of way and be capable of floating a canoe to meet the definition of legally accessible water.  Once you have legal access, you are legally allowed to stand, wade, or float in any portion of the water.  This water access law is seldom known, or used, and causes a lot of torqued off land owners.  Best to ask permission first, and if denied and still plan on using the law to your advantage, maybe throw a heads up to the warden in the county, save him a trip out there.