Fishing Access - The High Water Mark Rule

[Xplorer]

Hey guys,

 

I have always heard that if you access the water from a roadway or pulbic land and then walk up and down the creek/river you are ok if you don't go past the High water mark onto private land. Is this true?

 

I have read through the fishing regulations and it is not really clear other than getting permission to cross private land, native land and metis land. It does not mention the High water mark and access rights otherwise. Maybe I missed it?

 

Is it in print somewhere for us to read or should I take a trip to the BowCrow Forestry office and ask them?

 

Thanks

[alhuger]

Hey guys,

 

I have always heard that if you access the water from a roadway or pulbic land and then walk up and down the creek/river you are ok if you don't go past the High water mark onto private land. Is this true?

 

I have read through the fishing regulations and it is not really clear other than getting permission to cross private land, native land and metis land. It does not mention the High water mark and access rights otherwise. Maybe I missed it?

 

Is it in print somewhere for us to read or should I take a trip to the BowCrow Forestry office and ask them?

 

Thanks

 

I am afraid my answer is not definitive but I have always believed that unless it was an area in which the general rule was contravened that up to the high water mark belonged to the crown. I suspect that this differs when you consider maritime law, treat land, etc.

 

al

[headscan]

http://www.srd.gov.ab.ca/lands/usingpublic...boundaries.aspx

 

I think the key statement is "It is the responsibility of a landowner to know where their property boundaries are." Since river banks are subject to change because of erosion I don't think you can have a precise definition of where the property boundary is. As a rule of thumb if there are fences or no trespassing signs up, I stay as close to the water as I can to reduce the risk of a confrontation.

[Xplorer]

Thanks for info guys,

 

I may still go down to the Bow Crow office to verify some things about a specific area.

 

Thanks headscan, for the link, It's just what I was looking for!

 

cya