Public Water (Oxbows and Streams) in MS

[GoldDodge02]

Dukelane We have been dealing with this for a few years now but to answer your question the other land owners could not use your land because the drainage ditch would be viewed as man-made thus not natural flow.

[dukewoody]

I have done some extensive research on this topic, and in
my opinion, the legislature and attorney general have no guidance on the issue because there are no "defined boundaries". Therefore, it will be handled on a case by case basis. It is an issue that will ultimately be decided by the 5th Circuit Court of Appeals.

The issues haven't been touched by the Courts because there is so much more at stake than hunting and fishing rights. Property Rights values will be dramatically affected by a decision either way. Several people own lots and homes on Mississippi oxbows so they can hunt and fish navigable waters. If the Courts rule that navigable waters covering private land are off limits, property values are likely to be affected.

It is a very interesting issue that I believe we will still be discussing in ten years because there still will be no clear answer.

[DuckBoat]

I think the law SHOULD be:

Any natural body of water that can be accessed by boat without crossing any private land while the controlling body of water is under flood stage shall be legal.

In other words if the river is less than flood stage and your boat floats go for it.

All of the rivers and most creeks have published flood stages. Therefore if an oxbow is connected to one of these rivers/creeks and is less than flood stage I think it should be legal.

There would be a few kinks but this ought to fix most of the problems with interpretation of the lines.

Disclaimer: all of the above is how I think the easiest way to fix the problem and is not the law.

I always thought if your boat floats then it is ok. That is how it works around here and we don't have problems with trespassing. Really the only problem anyone has around here is that sometimes the fishermen don't get thier trot lines out before the water falls and we have to cut them. Even though I now know that is not legal I still don't say anything when I see a boat riding by on the property above flood stage. As long as they stay in the boat I am cool.

[Wingman]

i asked the mdwfp's, the told me that regs vary depending on the particular lake that you are accessing, you have to contact the MDEQ with the lakes lat longs and they will be able to tell you if they have deemed it a navigatuble water way, other wise with out this clarifacation( prior to access) on each lake, you will be taking a real risk on a trespasing prosecution if caught.

That is a grey answer at best. The DEQ only says a water body is public or not if it meets the 100cfs average annual flow. I have never seen an oxbow on the DEQ's public waterway list, only flowing waters.

You are right, though, in that you will be taking a risk on each lake and probably some flowing streams (like the MS River etc.). It will boil down to your word against theirs in a court and the outcome will depend on what the judge thinks.

I don't have all of the answers so y'all can stop sending me pm's about certain lakes. All I have done is provided years of research, opinions and laws for you to arm yourself with when you go afield. Use common sense, stay between the natural banks of the waterway and don't go 2 miles across a soybean field in your boat just because you can.

[marshman]

Not completly sure, but I think the wading part may be what got yall.

[peewee]

http://www.doa.louisiana.gov/SLO/Disclaimer.htm

Check this website out. i have been fighting this issue with East Carroll parish for years now. i got kicked off the MDWFP forums, when they were still up, because i was asking too many questions. I have checked this website and done some research. The question you have to ask, is why does East Carroll deputies, only patrol and issue tickets along the portion of the lakes owned by Tara? I ran into the deputies out there last year and was in the chute going to the river, we were in Madison Parish at the time. I asked the deputy where the line was, where can I not go past, he told me that if I got inside the tree line at all i was going to be given a ticket/arrested. i asked him where was Tara's actual property line, he pointed toward one of those DMAP signs and said that was it becaue the sign was hung. he didn't even know what the DMAP stood for. I have said it before and will say it again. TARA si paying the ECP sherrif's off, the court has to be involved as well, because everyone that comes into court is automatically guilty, PERIOD. They only patrol Tara's property.

According to the maps on the above website, alot of the land inside the treeline is considered and claimed by the State of LA.

i went to the courthouse in East Carroll Parish and tried to find the tax platt for Tara, guess what? They couldn't find it. I asked the lady how did tara pay taxes if they don't know how much land they own, I was told that they simply call tara and ask them how much they own.

Tara utilizes the land, hunting, fihsing, and timber harvests on property that is listed as State owned.

It is a huge problem that is only going to get worse.

I am sure you all are familiar wiht Walker Farms, gassoway lake, Guess what parish that is in, you guessed it East Carroll.
Also Walker Farms ahs put, or is in the process of puting in a structure on the chute to " Help maintain and protect a viable fishereies"
They say that because the lake goes up and down with the river, when it is low, the fishereies suffer, so they want to installa structure. They got a permit form the Corps, whom I was told was instructed by higher powers to issue them the permit without askig questions and not to consider the water to be a Section 10 navigable water, which it is a section 10 navigable water as described by Congress in 1899. It has ben considered a section 10 since then and only Congress can take a water off or add a water tothe section `10 list.
Fi we don't do something to stop this and demand answers and rights to use the waters, we will soon not be able to access any waters.

I know your not implying that Louisiana State law enforcement agencies are crooked are you. That would be like implying LA State DEQ destroying wetlands w/o a permit or something.

[hntrpat1]

http://www.doa.louisiana.gov/SLO/Disclaimer.htm
Check this websipte out. i have been fighting this issue with East Carroll parish for years now. i got kicked off the MDWFP forums, when they were still up, because i was asking too many questions. I have checked this website and done some research. The question you have to ask, is why does East Carroll deputies, only patrol and issue tickets along the portion of the lakes owned by Tara? I ran into the deputies out there last year and was in the chute going to the river, we were in Madison Parish at the time. I asked the deputy where the line was, where can I not go past, he told me that if I got inside the tree line at all i was going to be given a ticket/arrested. i asked him where was Tara's actual property line, he pointed toward one of those DMAP signs and said that was it becaue the sign was hung. he didn't even know what the DMAP stood for. I have said it before and will say it again. TARA si paying the ECP sherrif's off, the court has to be involved as well, because everyone that comes into court is automatically guilty, PERIOD. They only patrol Tara's property.

According to the maps on the above website, alot of the land inside the treeline is considered and claimed by the State of LA.

i went to the courthouse in East Carroll Parish and tried to find the tax platt for Tara, guess what? They couldn't find it. I asked the lady how did tara pay taxes if they don't know how much land they own, I was told that they simply call tara and ask them how much they own.

Tara utilizes the land, hunting, fihsing, and timber harvests on property that is listed as State owned.

It is a huge problem that is only going to get worse.

I am sure you all are familiar wiht Walker Farms, gassoway lake, Guess what parish that is in, you guessed it East Carroll.
Also Walker Farms ahs put, or is in the process of puting in a structure on the chute to " Help maintain and protect a viable fishereies"
They say that because the lake goes up and down with the river, when it is low, the fishereies suffer, so they want to installa structure. They got a permit form the Corps, whom I was told was instructed by higher powers to issue them the permit without askig questions and not to consider the water to be a Section 10 navigable water, which it is a section 10 navigable water as described by Congress in 1899. It has ben considered a section 10 since then and only Congress can take a water off or add a water tothe section `10 list.
Fi we don't do something to stop this and demand answers and rights to use the waters, we will soon not be able to access any waters.

This is the same shiz that is going on around Giles island. The problem is you don't have enough money to fight them in court. It sucks I know. I hope I win the lottery one day. I would make these turds up a down the river stay there booty in court with the crap they pull. They sad thing is government officials know this crap is going on and don't do a damn thing about it.

[Tensas]

The LA law is not as forgiving as the MS law seems to be. Ruling from 2005: http://la.findacase.com/research/wfrmDo ... WLA.htm/qx

The way I interpret this is that in LA, one has the right to navigate past the mean low watermark, but does not have the right to hunt and fish past the mean low water mark. The technical definition of the meal low escapes me now.

Fishing on Cottonwood Farms in East Carroll Parish brought this ruling about, and a Clinton-appointed judge.

Edit:
I'll add that I'm unclear on wether this ruling is law of the land currently or not. I have heard via hearsay that folks have been given tickets under this ruling, but I have not had any tickets, but have been harrassed by a bought and paid for MS sheriff's deputy.

[hntrpat1]

Depends if people are claiming it or not. It's all bullshiz

[mudsucker]

Watch when you name a public waterway, you may get a warning.

[JMallard]

Interesting article

http://www.washingtonpost.com/local/tro ... story.html

[Wingman]

http://www.ago.state.ms.us/wp-content/u ... Waters.pdf