Public rivers?

[raw outdoors]

Can a guy use a river or creek to access public land that travels a Km though private land? Land owners say no but they hunt so that’s a obvious answer.
If so is there a size limit on the waterway. I’m sure you could walk down the frozen reddeer river but this one is maybe 50 feet across.
If so does anyone have a link to or know where this is written so I can have it printed in my pocket if something was to go sideways.

Thanks for the help

[caddisfly7]

3(1) of the Public Lands ACT: http://www.qp.alberta.ca/documents/Acts/P40.pdf

“The beds and shores of a river or stream that are bounded by private land may generally be traversed below the ordinary high water mark without fear of trespass.” - http://aep.alberta.ca/land/programs-...oundaries.aspx

Hope that helps!

[calgarychef]

Originally Posted by caddisfly7

3(1) of the Public Lands ACT: http://www.qp.alberta.ca/documents/Acts/P40.pdf

“The beds and shores of a river or stream that are bounded by private land may generally be traversed below the ordinary high water mark without fear of trespass.” - http://aep.alberta.ca/land/programs-...oundaries.aspx

Hope that helps!

That means thenOp will have to wade in or walk on the ice.

[Joe Black]

nope. "high water mark". this is created by spring flooding which is normally far up the shore(dry land). you make have some struggles on some corners, but you are good to go.

now getting an animal out is another story.

[raw outdoors]

Thanks guys

[FinnDawg]

Originally Posted by Joe Black

nope. "high water mark". this is created by spring flooding which is normally far up the shore(dry land). you make have some struggles on some corners, but you are good to go.

now getting an animal out is another story.

Not completely true. There are smaller river systems, specifically near Calgary that landowners actually have stream bed rights. Thus, it would be trespassing if you happened to be on that land.

[Jayhad]

Originally Posted by FinnDawg

Not completely true. There are smaller river systems, specifically near Calgary that landowners actually have stream bed rights. Thus, it would be trespassing if you happened to be on that land.

99% of all rivers in Alberta are publicly accessible, the Jumping Pound is the outlier according to SRD, there be some north of Sunder that I'm not aware of.

Be forewarned if you travel through a First Nation their interpretation of the may be different.

[Pikebreath]

Just curious,,,,,what about intermittent streams that typically flow only during spring run off or after heavy rains? Is a dry streambed public or private?

[bitterrootfly]

Originally Posted by Pikebreath

Just curious,,,,,what about intermittent streams that typically flow only during spring run off or after heavy rains? Is a dry streambed public or private?

Private

[calgarychef]

The question is what is “normal high water mark? Is it the normal water level that one finds most of the year or is it the spring flood high water level? It’s a legal question not just our opinion.

[NaturalBornKilla]

Come on out city, see what kind of reception you get above the high water mark.

There really is no end to stupid from non landowners.

[robson3954]

Originally Posted by NaturalBornKilla

Come on out city, see what kind of reception you get above the high water mark.

There really is no end to stupid from non landowners.

Or you could abide by the law and take a chill pill. Better yet - oh you just want to walk across my land to the public? Sure stick to the fence line and don’t wreck anything”

[NaturalBornKilla]

Originally Posted by robson3954

Or you could abide by the law and take a chill pill. Better yet - oh you just want to walk across my land to the public? Sure stick to the fence line and don’t wreck anything”

Ain’t anything about my fenclimes that are public land, sooooo where we going from here?

[Dale S]

The high water mark is where the river bed meets vegetation. Any line of vegetation, grass, a line of willows, any change from the river bed. Not where the flood water was in 2013. If the dried river bed is part of a bigger river and only flows in high water the island that is created is puplic land. Even when the river bed is dry. The rivers are federal water ways. You do need legal access to get to the river. I own a jet boat and have went over these laws many times to make sure I wasn't breaking any. I ran into a land owner that try to kick me off an island. I turned the table and told him I would report him for driving a quad on puplic land. He knew he was in the wrong and went home mad.

[58thecat]

Call the MD of walk in and visit them and have a look at a map.....don't assume and go trudging along might get expensive....

[Joe Black]

access the waterway via a road crossing or public land. Stay below the high water mark. If someone gives you propblems, take a picture of the person, and carry on.

Not sure why landowners feel they are always in the right. Yes they live there. Yes they own their titled land. They do not own running waterways or public land. Pretty simple.

[Joe Black]

Forgot. Be respectful, courteous and non confrontational. Have fun.

[bessiedog]

Lots of folks living on the Crow sure can give a fellow grief as I fish through.
Rocks.... dogs.... not fun man.

[Joe Black]

Good times