D
Dirty007
New member
Does anyone know if you can fish on private land as long as you are in the water?
Fishing on private land
Solution
rogerdodger
Moderator
Most Featured
Dirty007 said:
Oregon water rights laws are a little confusing (messed up), but in most cases, land owners do not own the land under the water (or the water), this is definitely for any navigable river/stream, they would own right to the edge of the water but not the actual river/stream area.
On the other hand, a totally contained pond on private land is in most cases private property.
troutdude
Moderator
I'm familiar with that spot on the Calapooia. If you go past the Weyerhaeuser gate; you should only do so IMO by wading IN the stream. If you step out of the stream, and onto dry land, you would then be trespassing on privately owned land. Ergo you would be subjected to potential arrest and/or citation. By simply stepping out of the stream. No matter the reason. With the only exception, possibly, being the high water mark mentioned above.
Blue Lines
Member
Dirty007 said:
I share this question... many property owners seem to be VERY entitled.
I was just chased off the Yaquina river this morning. They first just yelled at me to get the hell out of there, when I asked them for more information on why they said it was private property and screamed profanities at me. I was literally standing in the stream under a county bridge (I accessed the river by hiking down directly under the bridge). I asked where I could read about that because I didn't want to make the same mistake again in the future (truthfully I am pretty new to this and don't know everything) and they just huffed. Then the told me it wasn't fishing season (I'm out there with an old Orvis 8'6" - definitely targeting trout). I told them that season was still open for trout and they just kinda shrugged and found a way to yell at me a few more times. Didn't want them to go get a gun (seemed like the kind of people) and so I just left.
I'd love better info about this, but here's what I have found so far...
- Oregon Dept of State Lands - Navigability brochure - https://www.oregon.gov/dsl/WW/Documents/nav_brochure.pdf
- some rivers are explicitly called out as navigable, but it also states that under the most recent guidance from the AG that waterways which are able to carry people or goods are by nature navigable and allow for public right of way below the normal high water line
So, I have more questions now, and this all seems somewhat intentionally murky. Regardless, it seems I was in the right using the shoulder to walk under a county bridge to access the river and fish while wading in it.
I'd love thoughts and advice!
Diehard
Most Featured
There's a YouTube channel of guys fishing water that boarders private lands and all the arguements that ensue with "entitled land owners" the murky part you speak of can be very hard to figure out on all sides I have a spot we fished for years for coho easily navigable and it was never a problem also at a bridge the property sold the new land owner did his due diligence and he owned the land under the water so we were given the boot sucks because the fish would stack thick there
B
BrandonBeach
0
Clear as mud:
https://www.americanwhitewater.org/content/Wiki/access:or
Careful, Some landowners are very protective of their property, unfortunately that can include stream beds.
BB
https://www.americanwhitewater.org/content/Wiki/access:or
Careful, Some landowners are very protective of their property, unfortunately that can include stream beds.
BB
Blue Lines
Member
The issue is the term "their property" - I'm certain their property doesn't include underneath a county-owned bridge. Definition of entitlement and a damn shame.BrandonBeach said:
But yes, I appreciate the advice to be careful, which is why I left without much delay. I did see a handful of decent fish down there though and am tempted to head back someday....
TheKnigit
Active member
@Blue Lining, I will need to do some searching but you are correct about the bridge under certain circumstances. Each interaction with an "entitled" land owner can fall under different water access rules and rights. If I remember right, if the bridge is part of a county (or higher authority) maintained road, and the waterway is considered navigable then you can legally use the area under the bridge to access the water and then stay under the high water mark to travel up and down the river. Bridges/roadways that are maintained by tax payer dollars (i.e. not a private drive/road) have a access and use easement, which the public can use within their legal means.
JasonInBend
0
From the Oregon Department of State Lands site - which I think has the best description and guidance (https://www.oregon.gov/dsl/WW/Pages/Waterways.aspx):
"According to a 2005 Oregon Attorney General opinion, on waterways that have not been determined to be state-owned, the public is allowed to use the surface of the waterway for any legal activity unless the waterway isn’t wide, deep or long enough for a boat to pass along it.
Additionally, the opinion states that if the waterway meets the above criteria, the public has the right to use the submerged and submersible land below the line of ordinary high water for water-dependent uses (such as swimming, boating and fishing), and "uses incidental to a water-dependent use such as camping when travelling a long distance and walking while fishing." In cases of emergency or if it is necessary to travel around a barrier, the public may temporarily go above the line of ordinary high water. "
"According to a 2005 Oregon Attorney General opinion, on waterways that have not been determined to be state-owned, the public is allowed to use the surface of the waterway for any legal activity unless the waterway isn’t wide, deep or long enough for a boat to pass along it.
Additionally, the opinion states that if the waterway meets the above criteria, the public has the right to use the submerged and submersible land below the line of ordinary high water for water-dependent uses (such as swimming, boating and fishing), and "uses incidental to a water-dependent use such as camping when travelling a long distance and walking while fishing." In cases of emergency or if it is necessary to travel around a barrier, the public may temporarily go above the line of ordinary high water. "
troutdude
Moderator
IMHO is it worth it to have my arse shot at? That's the question always in the back of my mind. When in doubt asking for landowner permission, would seem to be the best approach.
Heck last Memorial Day I was in Siltez. So I drove down a country road, looking for a back way into Olalla Reservoir. Because the gate has been closed to the dam, during this whole virus fiasco. But at the end of the road it became a driveway with no trespassing signs posted. I could've rolled on in and asked my question. But I decided to just turn around and forget about it instead. I may go back again at some point and give it a go--if they don't open the gate soon.
Heck last Memorial Day I was in Siltez. So I drove down a country road, looking for a back way into Olalla Reservoir. Because the gate has been closed to the dam, during this whole virus fiasco. But at the end of the road it became a driveway with no trespassing signs posted. I could've rolled on in and asked my question. But I decided to just turn around and forget about it instead. I may go back again at some point and give it a go--if they don't open the gate soon.
JasonInBend
0
Hmmm...that is contrary to the AG's public opinion on this topic from 2005. In that opinion it was stated that non-navigable waterways that are large enough to run a boat up/on can be used by the public. Maybe I'm mis-interpreting it. Waterways that have been officially designated as navigable are state-owned and available to the public, but for the remaining bodies of water we default to the AG's 2005 opinion.BrandonBeach said:
Blue Lines
Member
Further reading of the 2005 opinion also reveals that waters which are or ever were used for commerce or transportation of people are considered navigable. Running logs down a river is considered historical commerce (which has been done on most mountain rivers and many large streams in the cascades and coast range).JasonInBend said:
