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Creeks through private land


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Does anyone out there have info on whether small creeks flowing through private land are public and accessible, as are rivers? I believe that they are (unless the land owner has special provisions in their deed), but would like to see it in writing somewhere but have not found a source for this.

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You are allowed to access any "navigable" waterway (that's not on reserve land) though access point like bridges and travel along the high water mark.

Only 1 (maybe) 2 have water rights in Alberta = most say they do but do not! One is Sara's in the CNP area.

I have pulled land titles before for places I have fished in the past that have said they have water rights to prove they do not.

 

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On 2/24/2022 at 8:32 PM, SkwalaStonefly said:

Does anyone out there have info on whether small creeks flowing through private land are public and accessible, as are rivers? I believe that they are (unless the land owner has special provisions in their deed), but would like to see it in writing somewhere but have not found a source for this.

This topic has been discussed and debated in-depth on this platform. Yes the waterway itself is public access, nothing above the high water mark which is where "the grass meets the mud" mark. Basically you have to stay in the water and proper etiquette says get permission. 

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On 2/26/2022 at 3:04 PM, Scottmisfits said:

There is supposed to be another one out by Jumping Pound, just west of Cochrane. I can't remember the name of it but I have heard stories of some of the encounters.

Yup I pulled the Land Title for that one! They don't have any stream beds rights anymore (at least the section that I have fished and I have the title for)!

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On 2/27/2022 at 8:24 AM, rodofplenty said:

Be careful at Jumping Pound as I was distinctly told by one of the Copithorne's that HE owns the entire stream bed so unless I was 'Jesus' and could walk on water, I was trespassing!

See above...

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