East branch Question

[Agust]

I have a question about access on the East Branch of the Delaware. I was up there last week on Friday and put in at the pull off just upstream from Buckhorn. I fished my way downstream quite a way walking.

When I got to the bottom of the island close to Buckhorn, I was confronted by a gentleman getting ready to fish. He told me that the river along the road was public, but the island, the back channel and all the river downstream was private. I was having a pretty good day and did not feel like a confrontation, so I wished him well and started fishing my way back upstream. I had really hoped to see more of the river and it was just getting ready for the spinner fall. (I ended up at Long Flat with about 6 other folks instead.)

I thought that the Delaware was a high water mark public access stream, and as long as I was in the water I was allowed to pass. Especially since I had not seen any sign except the Fisherman Public Access sign when I put in (about 1 mile upstream). Also if I had been in a drift boat or pontoon what would my options have been?

Agust

 

[Ausable]

Agust,

I have also been wondering the same thing! The pool below the islands is on eof favorites above the old Wulff property and noticed Posted signs on the far bank. I also believed in NYS that you were Ok as long as you were in the water.

 

[bkill]

If you are talking about the island above Buck Horn then the “gentleman” was a liar...Both channels and the entire far bank (away from Rt 30) is in easement…But if you are referring to the islands at the bottom of Buckhorn, he is correct…The easement along the far bank stops just above the island and is posted…You can fish the Rt 30 side…The easement starts up again on the far bank about ¾ mile below on the bottom of the former wulff property..<o></o>
<o></o>
As for the High water mark…I don’t know the answer…The Douglaston ruling changed everything…


It was good running into you at the diner on Sat...
<o></o>

 

[Simms]

Douglaston I think is in its own serperate catergory...The senator is a jack off and he does whatever he wants, making rules up as he goes along...

Correct me if Im wrong but ANYWHERE in NY you can fish, posted or not, as long as your below the high water mark, except douglastons. There, you need to hand over your youngest child for collateral and a fee, while getting harrassed constantly by Connie, the fat river whore...

 

[catskill dick]

I believe that the landowner in the Douglaston ruling owned the land on both sides of the river, and that owning the land on both sides of the river resulted in ownership of the streambed. I don't think that there is any NY authority giving ownership of the streambed to a landowner that merely owns land on one side of the river (different rules may apply to landowners with deeds that predate the Revolutionary War and grant them ownership of the streambed). Bottom line is that the law is not very clear on this point and you probably want to be ready to go to court if you decide to tangle with an irate landowner.

Give it a few minutes and Kilgour Farms will chime in with his pro landowner take on NY law.

 

[chromefinder]

now that's funny LOL

Give it a few minutes and Kilgour Farms will chime in with his pro landowner take on NY law.

 

[Kilgour Farms]

Catskill Dick did a pretty good job of describing NYS property Laws pertaining to Navigable waterways.

 

[Corndog]

Agust,

My son and I were fishing the little Beaverkill below the campground and walked down to an area where there were posted signs on both sides of the river. We continued to fish through the posted area until a ranger came by and told us that we were fishing private property and had to leave. I asked him why we couldn't fish if we stayed in the water. He said "You cannot fish waters (streams and rivers) on posted land unless you are in a watercraft, and if in a watercraft you cannot anchor."

Simms,

Connie has made her millions and has been gone for over a year.

Cdog

 

[Simms]

See dawg,

Thats good to hear..I haven't been to Douglastons since fall of 07. Connie was a stickler.

 

[JeffK]

In the Douglaston case you are not allowed to fish from a boat in private water. Navibility-in-fact does not mean fishing rights. Guides cannot fish through.

Wearing my canoeist hat, the Douglaston ruling was good since it cleared up the navigilbility issues - they cannot stop you from traveling through. From the fisherman's point of view it sure put weight on the landowner side.

 

[Agust]

It was good running into you at the diner on Sat...
<o></o>

Thanks for the heads up, I'll be up there in a couple weeks and will pay more attention to the signage. Again I had no intention of confronting the guy, but at the same time I don't appreciate being lied to.

How did you and your guests make out on Saturday?

 

[bkill]

How did you and your guests make out on Saturday?

We didnt see any rising fish on Saturday. And Bug activity was almost non-existent on the Bkill & Willow...They were beginners, we hooked 11 and landed 5...3 breakoffs on BIG fish...All nymphing with 1 blind casting Dries...All nice fish between 13-15 inches..

I will be up May 30- June 7..Have a couple booked dates but mostly my vacation...So PM me if you are up at that time and want to hook up...JSTU will be having a BBQ at Butternut Grove on Sat 6/6...