Ok, I have seen both sides of the coin here. I know the guy Os is talking about on the Nooch. I've seen waterways cut off to fishermen because of lack of respect. Here's what I feel....

Some people in this state have owned property for quite a long time (some have had property on rivers passed on from previous generations). Though currently it states that you can't block access or own the streambeds, in some instances of homeowners being grandfathered under old laws own the bottom of the river. Though they have no ownership of waterway (water you float in) they can stop you from anchoring up. You can floatfish through, but that's it. I have seen on two rivers (the Nooch being one) where the police have been called in because of an anchored driftboat that wouldn't move. The homeowner showed the deed and the officer instructed the boat to either pull anchor or be cited. Do I believe this is fair or right??? Well, I don't have to pay the taxes on that riverbed so I can't say. I do know in parts of Montana and in alot of the east coast states the streambed is owned by the homeowners and in states like Vermont they own even the waterway (they have to allow you to driftthrough, but you can't even fish it as you float by due to age old rules that still apply). In fact from reading an article from Fly Fisherman (I do believe that was the one, I'll try to go back through old mags to find which one) a group of guides in Vermont took the access to the supreme court and was ruled against for right to fish these "exclusive" waters.

With the garbage aspect. Yes, it is a big problem on alot of rivers. Bringing up the Yakima is a bad rationalization if I remember my regs (I haven't fished it for along time so don't qoute me on this). It used to be a primarily fly fishing only river. You won't see the bait containers and such. Usually only garbage you'll see is flies stuck in trees on other rivers edge. As with the Nooch, rivers access was given by gates leading to the rivers edge. I personally have seen way too much excess line, sandshrimp containers, and misc. garbage strewn all over the place. He finally locked off his property because he was tired of seeing his property being defaced this way. I do believe there are alot of owners who are doing it for the "exclusivity" of their property, but some are just tired of their good deeds being abused. Also there is the problem of insurance issues. Once someone enters your property, you are legally responsible for anything that happens to them. I'm sure that with some, if these rules where lifted (for circumstances of access to public land/waterways) maybe and I say maybe there may be more likelihood of properties being opened. I even have places I am not allowed to deliver to because of this fear (they have a lockbox at driveway entrance I must leave their packages at).

This is a debate I doubt you can ever really solve. The richey riches won't let up unless the law makes them. I've read about people buying up big parcels of Montana rivers just to lock them up (or provide only a fee access to their banks). Anyone not abiding to their rules are quickly dealt with by the law (funny how having alot of money makes the law jump your way faster). This is a big roundabout. I would like to see access to public waterways, but I guess we can't really judge someone unless we've walked in their shoes can we?

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