Navigable? You never want to get into navigation laws.
“Navigable? You never want to get into navigation laws.”
Why not? The USSC has definitively defined navigable waters in SWANNC v US and Rapanos v US. And, to the great disappointment of eco-fascists and the soviet USSR Army Corps of Engineers, navigable waters do not include drainage ditches and puddles.
IOW, when some federal bureaucrat fascist goosesteps on your land and tries to administer fines or send in the federal weenie patrol to harass you, you have the plenary right to call your constitutional sheriff to arrest the bastards.
People need to start learning property law in this country and stand up .
I know a bit more about it than I'd like to because of where I grew up in Montana. Montanans under the state constitution are guaranteed access to all navigable rivers and streams and any land between the high water marks. there have been many attempts by private landowners to restrict this privilege.
The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities. In 1984, the Montana Supreme Court held that the streambed of any river or stream that has the capability to be used for recreation can be accessed by the public regardless of whether the river is navigable or who owns the streambed property.
Private landowners wanted to charge for access to fish the trout streams. Private landowners with ranches containing leased BLM sections did not want people to access the BLM-owned sections from the streams because they wanted to charge hunters for access to public land locked in by private land.
Also there is a law in Montana that you can walk any section line regardless of who owns it.
I had to know these "navigation laws" so that I could hunt and fish in the better areas and I never 'got pinched' by the law because I was always within my rights and carried a BLM map of the area I was in.