Accurate information about public rights to kayak, raft, canoe, and fish along rivers throughout the United States.
The first act, of the first Congress of the United States, declared that the navigable rivers of the nation, and the “carrying places” that people use to portage around obstructions, must remain “forever free” to passage by the public, with no “tax, impost, or duty.” At the time, virtually all navigation on rivers was in watercraft that were paddled, or rowed with oars (as the reference to “carrying places” indicates, since people can’t carry larger boats with engines from one place to another, and in those days boats with engines had not been invented yet). Since those times, U.S. Supreme Court decisions (applying the Constitution) have consistently reconfirmed public rights to paddle and fish along the nation’s rivers, including the rivers (and large creeks) that are small and shallow, and have rapids, waterfalls, and obstructions that people portage around (the “carrying places”), making them physically navigable only in paddlecraft.
Dave Hoefler photo.
Jasper Gronewold photo.
Today, in a number of states, state law reconfirms these policies (much like a number of states have a constitution that reconfirms the Bill of Rights in the U.S. Constitution). In addition, almost all of the states in the U.S. are governed by a common law legal system, meaning that customary public uses of rivers, going back centuries, make those rivers public today, even without official state government approval.
However, in a number of states, state governments unlawfully restrict or deny public rights to paddle and fish along numerous rivers that are, in fact, navigable in paddlecraft. Consequently, some landowners along rivers (though certainly not others) engage in unlawful vigilantism to prevent the public from paddling and fishing along rivers through their land. (Vigilantism is individuals enforcing supposed law without legal authority to do so.) As a predictable result of this, there is at least one river rafter who is dead after being shot by a landowner, and the landowner who shot him is spending the rest of his life in prison. This unwarranted tragedy is now likely to be repeated along other rivers, due to widespread false information about public rights to paddle and fish along the rivers of the nation that are navigable in paddlecraft.
Meanwhile, on rivers flowing through federal lands (such as National Forests, National Parks, and Bureau of Land Management lands) the issue is not landowners, but rather unlawful government policies that make it much harder to obtain access unless people pay a local business to go on a river trip operated by them, which is blatantly unlawful.
Consequently, this website provides accurate information about padding and fishing rights on the rivers in every state, and through federal lands, citing the relevant Acts of Congress and U.S. Supreme Court decisions, explaining these things in a way that you don’t need to be a lawyer to understand.
CAUTION: In most states there are landowners and officials who mistakenly believe that paddlers and fishermen on navigable rivers flowing through private land are trespassing, so avoid confronting them. If they confront you, leave quickly. After leaving the river, distribute a link to this website to the sheriff and landowners in that area.
Lucas Beck photo.
Click to go to your choice now:
River Access in Every State (and through federal lands). An illustrated ebook explaining law and policies (lawful and unlawful) in every state of the U.S. For brevity, instead of fifty state-by-state sections, the book uses seven states as examples, because the policies and legal issues in the other states are quite similar to these examples.
River Access in Colorado. The state of Colorado has some of the nation’s most scenic rivers, but also has unlawful state government policies (though not actual laws) regarding paddling and fishing on those rivers. See this new online article, Facts and Law about River Access in Colorado, and an ebook with further explanation and legal citations, to find out why those policies are unlawful, what you can do to correct them, and how the same legal principles apply in other states with similar legal issues.
History of River Access Law. This longer illustrated ebook recounts the history of river uses from ancient times to the present, together with the main legal decisions during those different eras in human history, so that you can see the context in which those legal decisions were made, rather than seeing them as mere words on a page that are often misinterpreted in today’s world.
Coming soon:
River Access in Kansas. As you drive through Kansas on Interstate 70, you see mostly farmland, not scenic rivers. But once you get away from the interstate, there are scenic rivers flowing through green valleys, supporting ample fish and wildlife, ideal for canoeing, easy kayaking, and fishing. Yet the Kansas state government declares that only three wide, flat rivers in the state are open to paddling and fishing, and the rest are closed to the public. Find out why these state policies are unlawful, in Kansas and in other states with similar policies, and what you can do to correct them.
River Access in Nebraska. The issues in Nebraska are similar to those in Kansas, and the answers and solutions are also similar. Find out how the legal principles apply to current state government policies in Nebraska, and other states with similar policies.
River Access in Georgia. Georgia has numerous scenic rivers well-suited for canoeing, kayaking, and fishing, yet state policies unlawfully restrict these activities. Find out why these state government policies are unlawful, in Georgia as in other states with similar policies, and what you can do to correct them.
Also coming soon: River Access in other states with similar legal issues, and on rivers flowing through specific National Forests, National Parks, and other federal lands.
Kevin Luke photo.