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Laws on Waterways, Public and Private Waters

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So there is this lake where I live that is supposed to have some of the best fishing in the state. The place however has posted signs all around it.

A friend of mine, who was taking some law class in school said to me that you can access "private" bodies of water, such as this lake, as long as you put in from a creek or stream that is public property.

is this true?

I am hoping that some of you know what the deal is with things like this.

Thank you,

Carlos

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  • Author

So there is this lake where I live that is supposed to have some of the best fishing in the state. The place however has posted signs all around it.

A friend of mine, who was taking some law class in school said to me that you can access "private" bodies of water, such as this lake, as long as you put in from a creek or stream that is public property.

is this true?

I am hoping that some of you know what the deal is with things like this.

Thank you,

Carlos

  • Author

So there is this lake where I live that is supposed to have some of the best fishing in the state. The place however has posted signs all around it.

A friend of mine, who was taking some law class in school said to me that you can access "private" bodies of water, such as this lake, as long as you put in from a creek or stream that is public property.

is this true?

I am hoping that some of you know what the deal is with things like this.

Thank you,

Carlos

  • Super User

You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

  • Super User

You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

  • Super User

You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

  • Author

I do have one question FishFordollars. In the scenario you described, you said that I would probably be cuffed and arrested if I "access it from another source and it's situated over private property..."

By this, are you referring to the other source (creek) being on private property? Or entering private property (the lake) and then being cuffed?

The creek I was looking at is probably just the city's property...

  • Author

I do have one question FishFordollars. In the scenario you described, you said that I would probably be cuffed and arrested if I "access it from another source and it's situated over private property..."

By this, are you referring to the other source (creek) being on private property? Or entering private property (the lake) and then being cuffed?

The creek I was looking at is probably just the city's property...

  • Author

I do have one question FishFordollars. In the scenario you described, you said that I would probably be cuffed and arrested if I "access it from another source and it's situated over private property..."

By this, are you referring to the other source (creek) being on private property? Or entering private property (the lake) and then being cuffed?

The creek I was looking at is probably just the city's property...

  • Super User

I know what I would do, but don't take that as being correct.

Though I'm not 100% certain of the correct answer, I would venture to say that it is legal to fish if it can be accessed from public/legal property.

I would strongly suggest talking to your local fish and game.  I would NOT take the answer of your friend.

  • Super User

I know what I would do, but don't take that as being correct.

Though I'm not 100% certain of the correct answer, I would venture to say that it is legal to fish if it can be accessed from public/legal property.

I would strongly suggest talking to your local fish and game.  I would NOT take the answer of your friend.

  • Super User

I know what I would do, but don't take that as being correct.

Though I'm not 100% certain of the correct answer, I would venture to say that it is legal to fish if it can be accessed from public/legal property.

I would strongly suggest talking to your local fish and game.  I would NOT take the answer of your friend.

  • Super User
You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

Devil's advocate,  But you don't own the water above your property.  And I accessed the water by public means and am not standing on your property.  I'm floating on public water. ;D

  • Super User
You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

Devil's advocate,  But you don't own the water above your property.  And I accessed the water by public means and am not standing on your property.  I'm floating on public water. ;D

  • Super User
You have no idea the can of worms you just opened. Courts, government, lawyers, landowners, water districts, property owners, general public, etc. have been trying to settle this for years.

I'm betting if you do access it from another source and it's situated over private property you will be cuffed and hauled off for trespassing. The courts in Texas and louisiana are full of cases just like this. no one has a clue yet.

FYI, make sure your friend is willing to post your bail when you do try to access it. Have it in writing because he has no clue. No one else does either.

Devil's advocate,  But you don't own the water above your property.  And I accessed the water by public means and am not standing on your property.  I'm floating on public water. ;D

Whoa, you did open a can of worms! I know of a couple of public lakes where people own lake front property and they put out cables and no trespassing signs around their docks. I've even seen a lake front property owner string cable across the entire cove where their dock was located and the city lets them get away with it.

Whoa, you did open a can of worms! I know of a couple of public lakes where people own lake front property and they put out cables and no trespassing signs around their docks. I've even seen a lake front property owner string cable across the entire cove where their dock was located and the city lets them get away with it.

Whoa, you did open a can of worms! I know of a couple of public lakes where people own lake front property and they put out cables and no trespassing signs around their docks. I've even seen a lake front property owner string cable across the entire cove where their dock was located and the city lets them get away with it.

  • Super User

Hell i have friends that were arrested fishing flood waters off a river. As the water rose they followed it  into a pasture. The land owner called the sheriff, they were taken out of the boat, cuffed, and hauled off to jail charged with trespassing. That was four years ago and it is no closer to being settled than the day it started.

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