Re: some water resources for the Upper Midwest

Lucy Kemnitzer wrote: 
On Thu, 22 Sep 2005 16:08:37 GMT, whheydt@xxxxxxxxxxx (Wilson Heydt)
seems to have said:

Notice that the fundamental difference is whether on not you expect
to find water available at all places and times of the year.


Don't forget the thing about navigable streams -- in California, if
the stream is navigable, you can navigate it unfettered -- no trespass
laws apply, no matter who owns the land it runs through.

Now, much hinges on the definition of a navigable stream.  My brother
says the definition is quite generous, but I don't know that for a
fact.

In any case. it's a story detail waiting for a plot.

To add some mass to the story detail.... Over the mountain (which happens to be the Eastern Continental Divide) behind my family's house and down the other side, there's a creek by the name of John's Creek. Most of the time, it's a fairly typical middling-sized mountain stream -- maybe ten or twelve feet wide, an average of a foot deep, with a rock and silt bed, and enough rocks poking above the water that you could probably find a place to step across within any given hundred feet of the creek. In a really dry summer, it probably goes down to little more than a small trickle connecting a series of puddles.

However, when there's been a few weeks of good heavy summer rain, and the local watershed has become good and soggy, the creek runs a lot higher. And there's a stretch of it that's, in those conditions, considered one of the really nice class-(some high number that you don't attempt unless you're very very good) rapids on the East Coast for kayaking.

But, you see, this particular stretch happens to run through private land. And the landowner, a number of years ago, decided that he really didn't want the kayakers running through his property, so it's been closed off.

The law in this particular case, as I understand it from what my brother (who kayaks, and is now a lawyer) told me, is apparently rather interesting -- because that land has ownership records going back to a land grant by the English King, and a fair bit of the current owner's claim of rights over the creek goes back to the terms of that land grant, which included the watercourses.

So, do you consider that navigable? It's certainly possible to get a boat down it sometimes....

- Brooks


--
The "bmoses-nospam" address is valid; no unmunging needed.
.

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