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Old 02-04-2016, 07:59 AM
 
Location: NP AK/SF NM
681 posts, read 1,206,551 times
Reputation: 847

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Location, navigability, size, historical use, etc. are all criteria for ownership determination of water bodies. Lakes can still be privately owned, depending where you are at and the particular circumstances. It's not as clear-cut as just saying "you can't own a lake." As far as gravel bars.....the state was conveyed the bed of all navigable waterways at statehood, so yes, the public has a right to use them. But, there is a difference in the opinion of the feds vs. the state about what constitutes navigability. That's why there is a navigability determination unit within the DNR.

State Policy on Navigability
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Old 02-04-2016, 08:57 AM
 
4,715 posts, read 10,516,539 times
Reputation: 2186
And AKPLS it can get even worse than that. Just ask the guy with the hovercraft that the states says he can use that the Feds say he can't... It made it all the way to the Supreme Court...
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Old 02-04-2016, 09:39 AM
 
Location: NP AK/SF NM
681 posts, read 1,206,551 times
Reputation: 847
Quote:
Originally Posted by Dakster View Post
And AKPLS it can get even worse than that. Just ask the guy with the hovercraft that the states says he can use that the Feds say he can't... It made it all the way to the Supreme Court...
Exactly! Every body of water is different. There are some basic guidelines, but they rarely fit every instance.
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Old 02-04-2016, 01:16 PM
 
7,654 posts, read 5,111,762 times
Reputation: 5036
Trust me the people out there waving guns around and spewing out vitriol are not interested in having an intellectual discussion on fed vs state definitions of anything, you will have to call the troopers and arrests will have to be made.


That's just the way it is up here unfortunately.


Quote:
Originally Posted by akpls View Post
Location, navigability, size, historical use, etc. are all criteria for ownership determination of water bodies. Lakes can still be privately owned, depending where you are at and the particular circumstances. It's not as clear-cut as just saying "you can't own a lake." As far as gravel bars.....the state was conveyed the bed of all navigable waterways at statehood, so yes, the public has a right to use them. But, there is a difference in the opinion of the feds vs. the state about what constitutes navigability. That's why there is a navigability determination unit within the DNR.

State Policy on Navigability
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