DuckSouth.com

I'm hearing that there is a new law about to pass, but I only have half of the story, concerning Fosters Lake, yet it could affect all oxbow lakes.

Fosters Lake would become private yet other oxbow lakes would not change,(I think).

This all stems from fishing rights yet it sounds like it would affect duck hunters too.

Does anyone know the real deal? I'll continue to look for info. Quite frankly I don't even know where in Mississippi this lake is yet there was a big discussion on the "Listen To The Eagle" radio show last night.

[ March 12, 2002: Message edited by: booger ]

Foster's Lake is down here, near Woodville. It used to be private, then something the Corps of Engineers was doing to the MS River in the 60's increased the amount of water flowing through there. Some law on the state books says that if XXXXgal/minute flows through an area it must be made public. Hence, it was made so back then. The course of the river has changed since then and the flow has decreased so that it no longer falls under that ruling and is once again private.
The law you are hearing about was petitioned by folks around to change the original law so that Foster's will remain public forever.
I personally have no land there nor anything to gain from its being private, but I believe it should be. The folks who have bought land out there paid handsomely for it. They deserve by the price they paid to not be bothered by the many public hunting/fishing woes that we love to post a gripe about.

<steps down off the soapbox>

The legislation you are referring to is House Bill 1098. The version of the bill that passed the House would preserve the public nature of water bodies that used to be public by virtue of being a part of a waterway that met the statutory definition of a public waterway, but due to a change in the course of the waterway, no longer meets the statutory definition. The amnded version of the bill that passed the Senate is totally different, and is basically a "do nothing" bill that serves no useful purpose.
For more detailed information, see the link below to the MS legislature website.HB 1098

Not sure why the above link is not working. Try search term "Mississippi Legislature". Go to the website. Click on "bill status". Click on the " 2002 Regular Session". Follow the directions and search for HB 1098.

Thanks gentlemen, as always this forum is a good source for info.

Now I got the whole story. It sounds like it's going to court and I somehow feel no good will become of it.

There was no law change regarding Foster's Lake. The MS DEQ determined that the Buffalo River no longer flows through the Lake and removed the Lake from its public waters list. So, what does this ruling mean??? Basically it doesn't mean much.

The Senate Bill puts off the descision on changing state law to protect MS river oxbow lakes as public waters until judicial proceedings run their course. Meaning basically its going to take a act of legislature or a court ruling to make a final decision on the future use of the lake.

One of the main points for the pubic interests is the number of years its been open to public usage and its been public for quite some time.

House Bill 1098 tried to change the definition of public waterways to include oxbow lakes that no longer meet the water flow minimum currently required by law, restoring public status to waters which were public on or after July 1, 2000.

Update: HB 1098 died in conference. In its amended senate form, good riddance. The house had it right --in favor of preserving the public's right to hunt public waterways. Too bad certain senators, in the interest of a few, blocked its passage in the house form.