Riparian Rights

[Larry D]

Water rights are different all over the country and I was wondering about ND. If an area floods-does the land owner own the land under the water and if posted does that prevent you from walking in water (boots wet), your boat anchor or decoy anchors from touching bottom etc? Thanks (Electronic posting has complicated as shoreline very seldom had no tress pass signs)

 

[Crew_ChiefND]

Water rights are different all over the country and I was wondering about ND. If an area floods-does the land owner own the land under the water and if posted does that prevent you from walking in water (boots wet), your boat anchor or decoy anchors from touching bottom etc? Thanks (Electronic posting has complicated as shoreline very seldom had no tress pass signs)

Call the ND Game and Fish Dept. They will give you the correct answer. Not sure a game warden will buy your story...These guys on The 'Fuge forum said it was legal.
701-328-6300

 

[Larry D]

Two wardens with different answers

 

[Steelteamsix]

I’ve wondered the same question, can you access a body of water from PLOTS land and walk the water to the opposite side which may be private land as long as your feet are wet?

 

[zoops]

My understanding has always been boating over 'posted' water is ok as long as you have accessed it legally, but anchoring in cattails or walking around in said water I don't think is. I remember this being an issue many years ago when Devils Lake had flooded so much farmland. Probably best to just try get a hold of whomever posted it.

 

[Littlecwis]

I was told last year by the warden it is a grey area. If the owner wanted to charge you with trespassing they could and you would need to settle it in court. Not sure if there is a definite answer.

 

[riverrat47]

I was told last year by the warden it is a grey area. If the owner wanted to charge you with trespassing they could and you would need to settle it in court. Not sure if there is a definite answer.

Sounds like a definite MAYBE...but maybe not.

 

[Eyehunter83]

You are legal to access and hunt water that runs up to the road right of way. I would also say if water crosses both public (PLOTS/WMA) and private property the entire waterway is legal to hunt - as long as you stay in the water, not on shore. As far as standing in the water vs floating a boat, I don’t think it matters…but not a bad idea to check with the local CO. If you are hunting the SE part of the state pm me and I’ll send you his contact info. Good guy

 

[oldfireguy]

Called state office. Enjoyed posing the question to their enforcement division. Here's what I learned.

Like most states, land under water belongs to the landowner. Unless....the deed has "meandered corners" which means landowner owns up to a surveyed water border. ( In that case, landowner does not pay taxes on the submerged land).

In ND, if you can legally access the water, the surface is open to your use. THE BOTTOM IS NOT....if the land is private.

Walking on submerged private land is trespass.

Since ND law requires your boat to be "anchored/secured" when shooting from a boat, you would again be in a "trespass".

Other states have different laws.
Some say walking or anchoring are "incidental" use, and legal. ND does not.

I thanked the officer for taking the time to address the "what if..." questions I posed.
She responded " Hey, thanks for asking. It makes us practice our explanation, and may save us from responding to a confrontation".

Although, I can't imagine a confrontation between a landowner and hunter group......

Excellent topic posting.

 

[Eyehunter83]

Thanks for doing the research!