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Public rights on waterways re article in Western Producer

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  • samhill
    Senior Member
    • Jun 2009
    • 896

    Public rights on waterways re article in Western Producer

    IDK if this has already been a topic on this forum, a search didn’t bring it up. Anyhoo
    We have a small river runs through our property and right beside our house. Yesterday 8 shiny new UTVs riding the river stoppe right by our house, kids riding on back. Having some beers etc. So I told them they’re on private property and had to leave. Their reply the Queen owns the water and they can travel on it. So, drinking and driving with kids, and chainsaws cutting trees in their way..I told them private property and get the hell off. Argue, just having fun, etc. So, pull out phone, say calling cops b/c not a navigable river. They move, on hide around a bend, fuel up, more beers. Tell em cops coming, they saddle up and climb steep riverbank, full bore spinning, bouncing, scared me spitless, with little kid on the back, could have flipped but thankfully didn’t.
    So wrong, in so many ways.
  • grassfarmer
    Senior Member
    • Jul 2002
    • 9734

    #2
    We used to get similar in AB quite often - I enquired and it doesn't take much to qualify as a "navigable waterway". Snowmobile down the frozen river then spin out onto my pastures using the banks as jumps, cutting electric fence wires when they are in their way.

    Comment

    • makar
      Senior Member
      • Jan 2007
      • 1684

      #3
      I have river cutting my home in half, i own to the high water mark, the other side was subbed off and they own from 10 meters back from the bank, the queen owns in between.

      Comment

      • makar
        Senior Member
        • Jan 2007
        • 1684

        #4
        If you think you own that river you dont want to be caught sneaking gravel from it. happened to my neighbor.

        Comment

        • seldomseen
          Senior Member
          • Sep 2010
          • 2016

          #5
          Tough spot for sure and I don't know what would be the best way to handle it.

          Smile and wave or join them for a chat and a beer would most likely work as good or better then telling them to get the hell off.

          Young guys are full of testosterone and see everything as a challenge.


          We have had young guys ripping around now and again but they grow up and move on and then its quiet.

          Just yesterday my wife and I were snowshoeing on the river near our place and we were noticing that there had not been anyone on that river all winter and when I was young there was snowmobiles on that river all winter.

          Comment

          • samhill
            Senior Member
            • Jun 2009
            • 896

            #6
            Well, I’m well aware of the law regarding waterways and what qualifies as a navigable waterway. This creek is not navigable, even by canoe. Drinking and operating a motor vehicle is agaist the law. As is endangering a child. Cutting trees on private property is damage.

            Comment

            • samhill
              Senior Member
              • Jun 2009
              • 896

              #7
              And yes,the Crown does have jurisdiction over the water and it’s use.

              Comment

              • Crestliner
                Senior Member
                • Aug 2015
                • 400

                #8
                Samhill...you handled this correctly in my opinion. I doubt the hoodlems would even know the Queen’s name haha. You probably helped keep the little kid safe.
                Last edited by Crestliner; Mar 4, 2018, 16:28.

                Comment

                • dalek
                  Senior Member
                  • Oct 2000
                  • 1553

                  #9
                  Originally posted by samhill View Post
                  And yes,the Crown does have jurisdiction over the water and it’s use.
                  You might be surprised when you look up a map of what the feds have determined are navigable waterways, doesn’t necessarily mesh with reality on the ground. I’m aware of 10’ wide artificial drainage ditches that have water in them 2-3 months a year that are mapped as navigable

                  Comment

                  • biglentil
                    Senior Member
                    • Jun 2015
                    • 3259

                    #10
                    We were all young once and exploring creeks on snowmobiles and what not is good ole fun.

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