Water public domain?

Dogleg

Dogleg

CGN Ultra frequent flyer
Rating - 100%
115   0   0
Location
Where dem buffalo roam.
I know that lakes and rivers are public domain, and that landowners adjoining it have no special rights or ownership to the water itself. What I'm wondering is whether there is a minimum size for this to apply?
Would any slough that can be accessed by road or road allowance without crossing private property be huntable by anyone who felt like wading, walking below the high water mark or tossing a canoe in? In Saskatchewan you would be hard-pressed to find a body of water that doesn't touch a road allowance somewhere. Does that put it up for grabs regardless of what the surrounding landowners think?
 
A slough, marsh, or small lake land locked by private land would be private property...unless a surveyed road allowance cut through it where I would think only the allowance it's self could be legally trespassed on. Any navigable lake or river is public domain if accessed by crown land or public boat launches... as we all know. I would contact your local NRO with regard to this subject.

I have on occasion shot waterfowl on undeveloped municipal road allowances surrounded on both sides by posted property. Once a farmer yelled and threatened my sons and I. I simply asked him to look south and see how the grid road lined up with the area we were "trespassing" on. Nothing the miserable dude could do...except vandalize my automobile!

Pisses me off how some rural people think they own or have rights to everything in their locale. Actually it's not so much "rural people" but city folks that own farmland for their own interests... as the chubby old western Manitoba farmer once said to my old man and I..."shoot all the ducks ya want cause they don't only eat my grain...they sh!t on it too!" True story.
 
Last edited:
When I was younger I had a farmer charge us with trespassing as we walked along the shore of a lake fishing. He had blocked the road allowance to the lake with a power pole and we had removed it for him. My cousin, a lawyer said he would take the case for me and we went to court on it. In court the ruling was any permanent body of water and 50' from the shore of that water is still public land owned by the Hudson Bay Corp. The way my cousin explained it to me was that when the HBC sold western Canada to Canada they held the water because they needed it to ship goods and for travel. My cousin also told me I should have hit the power pole that was blocking the road and then we could suing the pants off the farmer for blocking a road allowance. Typical lawyer !!
 
M12,
Many sloughs are deeper than the rivers I've fished, and as such are permanent and navigable. I don't know where the line is between slough and lake, we usually start calling them lakes when they have fish in them. For what it's worth I'm on all sides, ex rural turned city dweller, hunter and land-owner bordering a tiny lake that might just be a slough. I haven't tried fishing it.:D but it's spring fed and has a creek running out of it.
 
tbdtp,
That's an interesting story, I'm glad you stuck to your guns and won. I wonder is it applies to all permanent water bodies, but if the wording you used is correct it seem to be. Sloughs and marshes would have been of special interest to a fur company.
 
M12shooter said:
I have on occasion shot waterfowl on undeveloped municipal road allowances surrounded on both sides by posted property. Once a farmer yelled and threatened my sons and I. I simply asked him to look south and see how the grid road lined up with the area we were "trespassing" on. Nothing the miserable dude could do...except vandalize my automobile!
Click to expand...

And HOW would you recover said waterfowl. :confused:
I'm sure that all of the birds didn't drop stone-dead on the RA..which would require you to trespass to recover them. :mad:
 
In Ontario, the defenition for navigable water way means (not exactly, but in layman terms) being able to travel from public land point 'A' to public land point 'B' and any water in between the two points is open for public travel. I have had the same discussion with the MNR and police and many local lanowners as there is a BEAUTIFUL big marsh-swamp behind my house that is probably the best spot on earth for duck and goose hunting. It is however 99% owned by a very militant anti-hunter (kinda weird eh?) that takes every opportunity to falsely accuse me of trespassing and poaching on her land.
 
Crashman said:
In Ontario, the defenition for navigable water way means (not exactly, but in layman terms) being able to travel from public land point 'A' to public land point 'B' and any water in between the two points is open for public travel. I have had the same discussion with the MNR and police and many local lanowners as there is a BEAUTIFUL big marsh-swamp behind my house that is probably the best spot on earth for duck and goose hunting. It is however 99% owned by a very militant anti-hunter (kinda weird eh?) that takes every opportunity to falsely accuse me of trespassing and poaching on her land.
Click to expand...

Also coming into play is a point that the person may own the land under the river but you can travel the water over their land if you don't touch the bottom. (I don't know the exact definition)

We have a farm with a small river, and although we own all the land, a person can travel the river in a boat but they can't walk the river. Since navigable waters is FEDERAL jursidiction, it applies throughout the country.
 
Last edited:
Dogleg said:
I know that lakes and rivers are public domain, and that landowners adjoining it have no special rights or ownership to the water itself. What I'm wondering is whether there is a minimum size for this to apply?
Would any slough that can be accessed by road or road allowance without crossing private property be huntable by anyone who felt like wading, walking below the high water mark or tossing a canoe in? In Saskatchewan you would be hard-pressed to find a body of water that doesn't touch a road allowance somewhere. Does that put it up for grabs regardless of what the surrounding landowners think?
Click to expand...

If you can access the water from the road or a creek bed, it is crown property and open for you to use in western Canada. Landowners don't always know this or pretend not to know and many don't like it. Be prepared to discuss this issue in a calm manner with people who will come down to interrupt your hunt. Some will call the police and you will need to explain it to them too since they don't really know the law either. Eventually someone will contact the game wardens and they will set everyone straight. Once this has been done, you will likely not have anymore problems on the lake you are hunting -- maybe. The game wardens will encourage you to shoot fields where you have permission so as to avoid conflict. I reply that canvasbacks don't frequent fields.
 
Dogleg said:
M12,
Many sloughs are deeper than the rivers I've fished, and as such are permanent and navigable. I don't know where the line is between slough and lake, we usually start calling them lakes when they have fish in them. For what it's worth I'm on all sides, ex rural turned city dweller, hunter and land-owner bordering a tiny lake that might just be a slough. I haven't tried fishing it.:D but it's spring fed and has a creek running out of it.
Click to expand...

my understanding is that a lake is spring fed and a slough is surface run-off.
 
sjemac said:
If you can access the water from the road or a creek bed, it is crown property and open for you to use in western Canada. Landowners don't always know this or pretend not to know and many don't like it. Be prepared to discuss this issue in a calm manner with people who will come down to interrupt your hunt. Some will call the police and you will need to explain it to them too since they don't really know the law either. Eventually someone will contact the game wardens and they will set everyone straight. Once this has been done, you will likely not have anymore problems on the lake you are hunting -- maybe. The game wardens will encourage you to shoot fields where you have permission so as to avoid conflict. I reply that canvasbacks don't frequent fields.
Click to expand...

i was under the impression, here in bc, that there had to be a note on title that the creek bed was reserved. if there is no note, the landowner owns the creekbed. please not i am talking creeks, not rivers.
 
sjemac said:
If you can access the water from the road or a creek bed, it is crown property and open for you to use in western Canada. Landowners don't always know this or pretend not to know and many don't like it. Be prepared to discuss this issue in a calm manner with people who will come down to interrupt your hunt. Some will call the police and you will need to explain it to them too since they don't really know the law either. Eventually someone will contact the game wardens and they will set everyone straight. Once this has been done, you will likely not have anymore problems on the lake you are hunting -- maybe. The game wardens will encourage you to shoot fields where you have permission so as to avoid conflict. I reply that canvasbacks don't frequent fields.
Click to expand...

Perhaps we should adopt the U.S. system...or better yet the pseudo feudal system that still exists with land ownership in Europe. Nope I like our system better! Sjemac summed it up best by insisting on calm manner and involvement of authorities should persons involved become unreasonable. And yes... I to have never shot a cavas or redhead on dry land!
 
SandRoad is correct navigable waters are public domain, if your vessel will float up/down said water body you are free to travel it. That being said you can't trespass to get to it.
 
In front of my camp a few years ago 2 drunk guys pulled up in a boat, tied the boat to my dock, got out and sat in my chairs and started fishing and drinking beer. They said it was public land, nothing I could do, and being so far in the bush even if I called the police they wouldnt come...

They both took a swim, "accidently" fell in the lake, they left soon there after, I kept the beer:D
 
.330Dakota said:
SandRoad is correct navigable waters are public domain, if your vessel will float up/down said water body you are free to travel it. That being said you can't trespass to get to it.
Click to expand...

And therein lies the rub. If there is an existing trail it MAY be considered a highway allowance. For example, in Saskatchewan, particularily along the rivers, there are old "water haul" roads. These roads have been in existence for generations. They may be considered "highway allowances". It get's complicated from there, and don't expect the RCMP to know the regulations, because they don't, it's civil not criminal law.
Similarily if crown land (which water would be considered) is accessed by an existing trail across your land, you cannot restrict access.
Does anyone know of a good website that describes the circumstances required for a highway allowance?
 
A point to ponder. Man made lakes on private property, how would they be treated? Also watch for licensed water users and irrigation districts, both have special rights. Irrigation districts seem to be almost above the law and are great people. Just don't ever cross them.
 
A point to ponder. Man made lakes on private property, how would they be treated?
Click to expand...
I would expect it depends on where the water came from.
If a waterway was dammed, then you would need permits from God himself to pull a stunt like that. A reeve of an RM in Saskatchewan built a little wier on a creek, and found himself up to his ass in alligators because of it.
If you have a high water table, and you dynamited into it...well, may the gods of permit hell feast on your a**hole.:D
It's pretty hard to legally make a man-made lake without justification (power generation and the like).
 
Water rights change from province to province for example in Nova Scotia anyone has the right to fish or boat on open water. Getting to the water can be tricky and if another law conflicts with your right to water acess then you will lose. Chances are if you try to back your truck and boat down a 1,000,000$ cottages driveway you will be charged with trespass. However if you are floating by in a canoe fishing you are legal. The act in NS is so poorly worded that any water that collects in your driveway becomes crown land. Hunting over water in NS is a different story. In Newbrunswick the land owners with water frontage have full control over the water to the middle thred of the river or stream. You still can pass through but you can't fish. So ask your DNR office to explain your rights. When you start to discharge a firearm on open water in front of land that is posted you could find your messing with someones "right to quiet enjoyment of thier land"
 
You must log in or register to reply here.
Back
Top Bottom