Judge rules much of Mississippi River off limits to anglers

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tunica
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Postby tunica » Thu Oct 26, 2006 6:35 am

Wingman wrote:2 baitshops...that's ingenious.

We could also deliver hamburgers and pizza slices to the striper fishermen at the runout.


GOSH...listen I have the marketing plan and the utilization plan along with all associated drafts and white papers....STOP giving away OUR plans...before you know it the wolley swamp boys will be coming up the River...

Oh the runout...look to the right Ie Hardin point...I leased the 10 acres beside the runout to the river...Mickey Dee's franchise....Going to offer cokes and smokes to the river boat crews there too. Topless Bar in 08.
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Postby Don Miller » Thu Oct 26, 2006 6:37 am

tunica wrote: Topless Bar in 08.

Gay or straight? :P
"I'd still like to stick that shotgun up a mallard's as$ and pull the trigger!"---FRITZ RUESEWALD @ 93 years old...(The Arkansas Duck Hunter's Almanac, pg.91)
tunica
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Postby tunica » Thu Oct 26, 2006 6:55 am

Don Miller wrote:
tunica wrote: Topless Bar in 08.

Gay or straight? :P



Would it matter to You. I heard from Tuel2 that those greenwood Boys feel its always whatevers available :shock:
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mudsucker
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Postby mudsucker » Thu Oct 26, 2006 7:19 am

2 Bait shops! BRILLIANT!
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Postby Don Miller » Thu Oct 26, 2006 7:27 am

tunica wrote:
Don Miller wrote:
tunica wrote: Topless Bar in 08.

Gay or straight? :P



Would it matter to You. I heard from Tuel2 that those greenwood Boys feel its always whatevers available :shock:

Leave Tuel out of this, he's my bitch. :wink: :lol: :lol:
"I'd still like to stick that shotgun up a mallard's as$ and pull the trigger!"---FRITZ RUESEWALD @ 93 years old...(The Arkansas Duck Hunter's Almanac, pg.91)
tunica
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Postby tunica » Thu Oct 26, 2006 7:39 am

Don Miller wrote:
tunica wrote:
Don Miller wrote:
tunica wrote: Topless Bar in 08.

Gay or straight? :P



Would it matter to You. I heard from Tuel2 that those greenwood Boys feel its always whatevers available :shock:

Leave Tuel out of this, he's my bitch. :wink: :lol: :lol:



Not what she he told ME last night anyway....
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Wingman
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Postby Wingman » Thu Oct 26, 2006 7:38 pm

Okie dokie.

Now back to the serious stuff.

No Picasso's, but simple diagrams of typical oxbows.

Image
The blue is the low water level (usually where the water is during the summer).

The green is willows, but floods during normal winter water levels.

The brown line is the top of the natural river bank (can be seen with the naked eye and on topo maps).

The red is land outside the natural banks and is not public even when flooded.

Private landowners own all land around and under the water in the oxbow. When the green is dry, you cannot legally walk through the willows w/o landowner permission, but when it is wet, you can wade or boat through it.

The only public access on this diagram is through the old river channel (chute or runout) when the water is high enough to access.
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Wingman
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Postby Wingman » Thu Oct 26, 2006 7:49 pm

Image

Another example. This one is completely landlocked be it a levee or just natural siltation and the changing course of the river that has disconnected this example from the river that created it.

There is no public access...unless you have a MDWFP public ramp, or a private pay-to-launch ramp indicated by the green square. If the ramp is privately owned, the owner could choose when and how often to allow public access. He could lock the ramp during duck season, in effect keeping the public out.

The brown line is county or state maintained road. The ROW of said road is X feet wide. You cannot leave the ROW, walk across the private land (red) and enter the water w/o landowner permission.

But notice where the county road is built right through the middle of the old channel. The road bed, all the way to the bottom of the bed is public property. If the water in the oxbow touches the road bed or ROW, you could legally walk off the side of the road and into the water.

I wouldn't advise backing your 1860 off the shoulder when it's wet and rutting up the road...you could possibly be cited for damaging the road. But wading or launching light boats should be perfectly okay.
Last edited by Wingman on Thu Oct 26, 2006 8:04 pm, edited 1 time in total.
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Wingman
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Postby Wingman » Thu Oct 26, 2006 8:01 pm

Image

Example 3. This one is completely landlocked. No roads or public ramps.

Landowner "C" gives you permission to put in on his land. You then have legal access and can use the entire oxbow so long as you stay in the water between the natural banks. (Note, this is only the case with oxbows. If the lake isn't an oxbow or public waterway, you cannot cross property lines.)

I have never addressed the issue of permanent blinds. I would not advise building permanent blinds on oxbows. I think one court in Leflore County has ruled that the landowner is the only one that can use permanent blinds. However, it is my understanding that you can legally tie to a tree and drop anchor because those are a part of the hunting activity.
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Wingman
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Postby Wingman » Thu Oct 26, 2006 8:21 pm

Image

Example 4 is an oxbow shared between AR and MS. I drew this to represent Old River at Stovall, Coahoma County, MS and Philipps County, AR. The state line (indefinite boundary) is marked on USGS topo maps just about down the center of the main river channel.

There are 2 MDWFP/Levee Board boat ramps on the MS side of the oxbow that can be accessed by public road and the levee. MS law says the public has a right to use the MS portion of the oxbow. AR law (Philipps Co. Circuit Court) says that the landowner on their side owns everything, including the water.

Stay in MS unless you choose to go to court and dispute the AR ruling.
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Postby salty » Fri Oct 27, 2006 12:21 am

Landowner "C" gives you permission to put in on his land. You then have legal access and can use the entire oxbow so long as you stay in the water between the natural banks. (Note, this is only the case with oxbows. If the lake isn't an oxbow or public waterway, you cannot cross property lines.)


So, according to Mathews brake's website, "The 1,180-acre oxbow lake commonly supports over 30,000 ducks." Since it is an "oxbow", can I just ignore the big white private property signs and motor on back to where the ducks are, because I launched from a public ramp? Or do these laws only apply to Mississippi River oxbows? If they only apply to the Mississippi river oxbows, can't I make the argument that this "oxbow" may have been formed by the Mississippi River? Because at one point in history the river was a large braded system that its meanders crossed over much of the Delta to form some of these oxbows? Can I do the same at the scatters? Will you come with me with your badge and diagram?

Can I ignore the posted signs along the tenn-tom at the mouth of some of the oxbows still connected to the river/gigantic ditch?
No sense being pessimistic, it probably wouldn't work out anyway.
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Wingman
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Postby Wingman » Fri Oct 27, 2006 2:46 am

Will you come with me with your badge and diagram?

How 'bout that Missouri attitude?
ISAIAH 40:31

“I ask you to judge me by the enemies I have made.”
― Franklin D. Roosevelt
tunica
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Postby tunica » Fri Oct 27, 2006 4:06 am

Hey thanks for the diagrams....NOW that I see your graphic skills lets talk about the baitshops again :shock:
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marshman
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Postby marshman » Fri Oct 27, 2006 5:47 am

AWESOME work there Wingman. Thanks a lot1 Example 2 pretty much sums up the situationat Lake Jackson.
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Deadeye
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Postby Deadeye » Fri Oct 27, 2006 7:30 am

Great illustrations, but the questions still stands... How can I meet Don Miller at Beaver Dam and hunt it with him? :D
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