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Thread: HB #144 - Proposed Stream Access Bill..

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    Member ak_powder_monkey's Avatar
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    Come on Les you can do better than that... Lets go Montana style, all natural waters are public below the average high water mark period.
    I choose to fly fish, not because its easy, but because its hard.

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    Quote Originally Posted by ak_powder_monkey View Post
    all natural waters are public below the average high water mark period.

    So, considering what things look like most places I've been when it's raining hard, and during breakup, that would make most everywhere public.

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    Member FishGod's Avatar
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    Someone could have mining rights to the sstream bed
    Your bait stinks and your boat is ugly

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    Quote Originally Posted by ak_powder_monkey View Post
    Come on Les you can do better than that... Lets go Montana style, all natural waters are public below the average high water mark period.
    There is a bill in the Montana legislature to overturn their stream access law. Don't know how it is progressing or it's chances of passing.

    ClearCreek

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    Quote Originally Posted by ak_powder_monkey View Post
    Come on Les you can do better than that... Lets go Montana style, all natural waters are public below the average high water mark period.

    The Public Trust Doctrine/AK Constitution already asserts that right on all public & navigable waters below OHW, regardless of title.. I think 144 addresses access on uplands above OHW and along waters, like purchasing/negotiating easements from willing sellers..

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    Member ak_powder_monkey's Avatar
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    Quote Originally Posted by Jomama View Post
    The Public Trust Doctrine/AK Constitution already asserts that right on all public & navigable waters below OHW, regardless of title.. I think 144 addresses access on uplands above OHW and along waters, like purchasing/negotiating easements from willing sellers..
    yeah I know... However most streams I want to fish are not listed as navigable.

    Meanwhile the Montana bill is to reclassify any river with an irrigation system a ditch (so pretty much every river in the state becomes a ditch). It'll probably pass the legislator and get vetoed. If it doesn't I will never purchase a Montana fishing license.
    I choose to fly fish, not because its easy, but because its hard.

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    Quote Originally Posted by ak_powder_monkey View Post
    most streams I want to fish are not listed as navigable.
    It says public water too, a lesser standard. It doesn't need to be Navigable (of which there are two definitions).

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    Moderator LuJon's Avatar
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    wonder when they will do the same thing for hunting lands...

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    Member Alaskanmutt's Avatar
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    Quote Originally Posted by FishGod View Post
    Someone could have mining rights to the sstream bed

    Mining Claims give the lease holder ZERO rights to the land and water.
    Z
    E
    R
    O

    Nada, none, zilch

    All a mining claim is , is a lease with the rights to extract the locatable minerals. They cannot block access to the land. With very few exceptions.
    2000 Bayliner Ciera Express 2452
    5.0 Mercruiser Alpha 1

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