Clarificiation - Fishing on Creeks and Rivers

[Stella]

So, I am having this discussion with a co-worker who fishes. He tells me that if you are fishing on a river or creek and its private land, you cant be in the water cause its trespassing since you don't have permission from the land owner. He said it doesn't matter if you accessed the water from an area where you have permission or where there was an access point, you cant be the water if it is on someones property. I was told years ago by a fish & wildlife officer that the water edge is not considered the property line or bdy and it is technically like crown land. To access the water you will need permission to get there but once there you are free to fish the water as long as you don't venture onto someones land. Thoughts???

[AlbertanGP]

Unless it's changed you can't "own" a water body or any portion thereof in Alberta or Saskatchewan. I know this because my brothers were bush pilot's in Fort McMurray back in the 80's. Even if someone leased all of the land around a lake, they could and occasionally did land a float plane on it and clients fished from that. Owning the entire perimeter of the lake would severely limit access to a waterbody though. There are some lakes in Alberta approaching this through private development.

[freeride]

some land titles are old enough that they do specify the owner as owning the creek/river on their property as well.

so rivers and creeks usually are public to the high water mark, but as with most things in life dont always assume this... as there are exceptions.

[DiabeticKripple]

the majority of waterways in AB are public land up to the high water mark, usually where the vegetation starts growing.

there are some titles in AB where people own the land below the river and thus you are trespassing if you are walking there.

[Curado]

That sounds like this 2014 altercation while fishing (Cochrane/Bow River) as quoted from crunchiespg :

A few years back I used to love this stream just down stream of where you are talking well a couple km down stream had some really good evenings catching some nice Bows and a few brookies in some beautiful runs and holes at cliffs and sharp bends.

Then one day I went to my stretch on a weekend and I started fishing after a while this truck came speeding down a hill with a man and his wife in the cab and 2 young boys in the box ... the lady jumped out of the truck and stormed towards me and started screaming at me get the F&#$ off my land trespasser.

When I calmly introduced my self too her she says ... I don't give a F&#$ who you are get the hell off my land ... so I proceed to tell her that I'm not on her land that I'm not on anyones land I'm standing in the river ... she cuts me off and says the river is on her land and I say well legally I have a right to be within the high water mark ... she then says oh no you don't I own this creek I have the mineral rights on this land so the creek is mine ... as I am trying to explain to her that she does not own the creek her husband gets out of the truck and tells me I better leave if I don't want to go to jail.

He then tells me that this creek is on Coppithorne land and asks if I know what that means, I say no what does it mean he says it means the deed to the land pre dates the province of alberta and because of that they actually own the stream bed the creek and the fish in it and I had better leave now.

I tell him that I had never heard of such a thing but that I respected landowners and that I had not crossed his land to gain access that I had waded in from the bridge which was true I told him that I was catch and release and that I respected the environment and asked if he minded if I continued fishing in the water ... he then says very aggressively that I was a trespasser and I wasn't taking one more cast.

So I decided to not let the situation escalate any more and I told him I would head back along the creek to the bridge and that I would investigate his claims and be in contact with him ... he then said the hell you are ... your going to head straight across this field to the nearest road and we are following you off our property.

They then marched me off the land following me in the truck when I got to the gate they opened it and said we are Coppithorne this is our land you are trespassing don't ever come back ... then as the truck drives away the young kids in the back are waving their slingshots and shouting stay off our land trespasser ... right out of the movies .... I felt sick to my stomach.

The next day I called Fish and wildlife and told the story they told me as long as I never crossed the private land and I stayed within the high water mark that I was good to go.

So I did some investigating and got a phone number for the gentleman that I had the altercation with .... I gave him a call and told him what the fish and wildlife told me and asked if there would be a problem if I came back and fished the creek ... he exploded on me and said he did not care who I talked to and that if I stepped foot on that creek again it would not end as peacefully as the other day and I would end up in jail ... just before he hung up on me he said call your fish and wildlife back and tell him we are Coppithornes.

So the next day I call the f&w again and tell them what he said they then ask me where the creek was exactly when I tell them they get me to call the Cochrane office so I do and I tell the whole story again this time the officer tells me he is going to check into this and get back to me.

The next day I get a call and they explain to me that the Jumping pound creek between highway 1 and the bow river runs through Coppithorne land and that the land title does indeed predate the province and that the land owner does indeed own the land including the creek in this area. However only certain portions of the land were owned pre 1905 and much of the land was purchased later and did not fall under these weird rules so if I knew exactly where to go I could still fish many of these stretches of creek but I would need to find out from county maps which sections of the coppithorne land was pre 1905 and post 1905. But I needed to be careful where I fished because the coppithornes are very hard on trespassers.

Well that sick feeling in my stomach came back and I never fished again that year anywhere I was very upset with the whole thing .... but eventually I got over it now I occasionally fish the JP in this area but I park further upstream walk down stream as far as I dare and fish my way back upstream to my vehichle most likely crossing over a few sections of coppithorne land on my way and catching some of the coppithornes fish too I imagine.

But the fishing has never been as good as it was that summer that I originally crossed paths with the mighty slingshot swinging Coppithornes.

So if your hiking north from Highway one beware ... those little slingshot swinging brats probably own shotguns by now.

Cheers
Diddy

[Smoky buck]

That sounds like this 2014 altercation while fishing (Cochrane/Bow River) as quoted from crunchiespg :

A few years back I used to love this stream just down stream of where you are talking well a couple km down stream had some really good evenings catching some nice Bows and a few brookies in some beautiful runs and holes at cliffs and sharp bends.

Then one day I went to my stretch on a weekend and I started fishing after a while this truck came speeding down a hill with a man and his wife in the cab and 2 young boys in the box ... the lady jumped out of the truck and stormed towards me and started screaming at me get the F&#$ off my land trespasser.

When I calmly introduced my self too her she says ... I don't give a F&#$ who you are get the hell off my land ... so I proceed to tell her that I'm not on her land that I'm not on anyones land I'm standing in the river ... she cuts me off and says the river is on her land and I say well legally I have a right to be within the high water mark ... she then says oh no you don't I own this creek I have the mineral rights on this land so the creek is mine ... as I am trying to explain to her that she does not own the creek her husband gets out of the truck and tells me I better leave if I don't want to go to jail.

He then tells me that this creek is on Coppithorne land and asks if I know what that means, I say no what does it mean he says it means the deed to the land pre dates the province of alberta and because of that they actually own the stream bed the creek and the fish in it and I had better leave now.

I tell him that I had never heard of such a thing but that I respected landowners and that I had not crossed his land to gain access that I had waded in from the bridge which was true I told him that I was catch and release and that I respected the environment and asked if he minded if I continued fishing in the water ... he then says very aggressively that I was a trespasser and I wasn't taking one more cast.

So I decided to not let the situation escalate any more and I told him I would head back along the creek to the bridge and that I would investigate his claims and be in contact with him ... he then said the hell you are ... your going to head straight across this field to the nearest road and we are following you off our property.

They then marched me off the land following me in the truck when I got to the gate they opened it and said we are Coppithorne this is our land you are trespassing don't ever come back ... then as the truck drives away the young kids in the back are waving their slingshots and shouting stay off our land trespasser ... right out of the movies .... I felt sick to my stomach.

The next day I called Fish and wildlife and told the story they told me as long as I never crossed the private land and I stayed within the high water mark that I was good to go.

So I did some investigating and got a phone number for the gentleman that I had the altercation with .... I gave him a call and told him what the fish and wildlife told me and asked if there would be a problem if I came back and fished the creek ... he exploded on me and said he did not care who I talked to and that if I stepped foot on that creek again it would not end as peacefully as the other day and I would end up in jail ... just before he hung up on me he said call your fish and wildlife back and tell him we are Coppithornes.

So the next day I call the f&w again and tell them what he said they then ask me where the creek was exactly when I tell them they get me to call the Cochrane office so I do and I tell the whole story again this time the officer tells me he is going to check into this and get back to me.

The next day I get a call and they explain to me that the Jumping pound creek between highway 1 and the bow river runs through Coppithorne land and that the land title does indeed predate the province and that the land owner does indeed own the land including the creek in this area. However only certain portions of the land were owned pre 1905 and much of the land was purchased later and did not fall under these weird rules so if I knew exactly where to go I could still fish many of these stretches of creek but I would need to find out from county maps which sections of the coppithorne land was pre 1905 and post 1905. But I needed to be careful where I fished because the coppithornes are very hard on trespassers.

Well that sick feeling in my stomach came back and I never fished again that year anywhere I was very upset with the whole thing .... but eventually I got over it now I occasionally fish the JP in this area but I park further upstream walk down stream as far as I dare and fish my way back upstream to my vehichle most likely crossing over a few sections of coppithorne land on my way and catching some of the coppithornes fish too I imagine.

But the fishing has never been as good as it was that summer that I originally crossed paths with the mighty slingshot swinging Coppithornes.

So if your hiking north from Highway one beware ... those little slingshot swinging brats probably own shotguns by now.

Cheers
Diddy

I know exactly the area you are talking about and the land you are talking about. Over 15 years ago when I lived in Calgary I met them by also wading up the creek fishing. My meeting was not anything like what you experienced but have heard many stories just like yours. The family owned multiple pieces of land in the area with different family members living on them.

I actually ended up being given permission to fish jumping pound on one of their properties and actually go permission to bow hunt a different family members properly. I know I was one of the only people who had permission at that time. I could not tell you why I was given permission when most people are run off but I was. It’s been a long time since I have been in the area so don’t know if I would still be given access

I have heard many stories of them aggressively running people off so I don’t doubt your story but for some reason I was treated decent