Charlie Choc wrote:
On Sat, 27 Nov 2004 14:15:47 GMT, Ken Fortenberry
wrote:
What the GOP wants to do is change the definition of navigable
from canoe at highest water to six hundred foot tow barge full
of iron ore at lowest water. (Or something like that. ;-)
FWIW, that's basically the definition of navigable in GA - the water must be
able to handle heavy barge traffic to be deemed navigable.
This is good background:
http://www.nationalrivers.org/us-law-public.htm
and an interpretation (with a decided point of view):
http://www.nationalrivers.org/us-law-who-owns.htm
Many states, where access based on public ownership of the streambed had
been long established by tradition/custom or a collection of state rulings
over the years, are in the process of being forced to review what is
considered navigable. Sometimes the pressure is from "the public"
(fishermen, kayakers, etc.) asserting their right to access. More often,
the pressure is from landowners (in Oregon now, this means timber
companies, ranchers, real estate developers) insisting that the public's
ownership of the streambed is dependent upon an assessment and declaration
of navigability.
JR