-- Last Updated: Apr-19-13 12:21 AM EST --
Most of the time you are allowed to move
around below the high water mark.
Public bridges have easements and you can access
via those easements as well (with a legally parked vehicle)
In regards to legal navigability of a waterway, for the public :
- they merely have to be used; to be considered navigable.
By court definition: “”a capacity for meeting the needs and necessities of the people”"
Historical commercial uses like floating logs downstream
during the lumbering era helps support navigability claims.
While the log floatation test was the old yardstick
by which many “navigability” claims were measured;
-it is “how” modern waterways best serve the public (as historical intent of law)
that allows recreational usage to be considered in the determination of navigability.
The capacity for beneficial public service is paramount
towards being deemed navigable.
Courts adopted a rule of “capacity for use to meet public necessity” as the true test.
Entitlement to paddle upon any given waterway involves
the “capability of sustaining travel”.
Waterways are public paths, expected to be open to travel and other uses.
This public expectation is still valid today in a modern society.
Tread cautiously, be polite, be nice,etc.
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