Are Irrigation Canals Public Access Points?

[texwest44]

Because if they are, I'm getting my elk tag and some new hip waders. This fella I saw beating the heat in an irrigation canal today has me inspired!






There were 3 other larger bulls, but they were across a whole creek. What am I, Aquaman?



Bonus bear:

 

[Rack Daniels]

In Montana, No. They have to be navigable streams and rivers. I actually just asked a warden this bout month and a half ago.

 

[texwest44]

In Montana, No. They have to be navigable streams and rivers. I actually just asked a warden this bout month and a half ago.

My hopes were raised, and now you've dashed them quite expertly. Bravo, sir.

 

[Deez Nutz]

If you are solely conducting water based activities like fishing or wading they are legal access through private property, provided you stay below the high water mark, and even for some hunting for things like ducks. But if your sole purpose is to wade up a creek that goes through private property to obtain access to an otherwise inaccessible parcel of public land to hunt for big game, the answer is no. Actually the answer is NOOOOOO!!!!!!!!

Public for some things, but not for others.


Seams gay.

 

[Deez Nutz]

So, basically your only hope is to fish for that elk and hope he bites your lure.

 

[Carnage2011]

So, basically your only hope is to fish for that elk and hope he bites your lure.

It’s possible…

 

[Gerald Martin]

It’s possible…
View attachment 412028

This would be highly illegal in most irrigation canals. You have to use barbless hooks for elk fishing….

 

[Gellar]

In Montana, No. They have to be navigable streams and rivers. I actually just asked a warden this bout month and a half ago.

What is Montanas definition of navigable?

 

[Gellar]

This would be highly illegal in most irrigation canals. You have to use barbless hooks for elk fishing….

Lead free weights too?

 

[mtmuley]

This would be highly illegal in most irrigation canals. You have to use barbless hooks for elk fishing….

Man. A Hoochie Mama from a fishing pole would crush big bulls. mtmuley

 

[Rack Daniels]

@Gellar has to have legal ingress and egress points for watercraft, from what I understand. Have to be able to legally take a boat down it.

No irrigation canal is legal for recreational access for any water based activity at all. @Deez Nutz you’re the second person I’ve heard say that about wading to an otherwise landlocked piece of public. But you’re allowed to take a boat down the same river and it’s legal to get to that landlocked piece? I’d love to argue that in court. If it’s a navigable river legal to public access via the high water mark, id love to see the language that says no wading only boating.

 

[Bulldog0156]

If you are solely conducting water based activities like fishing or wading they are legal access through private property, provided you stay below the high water mark, and even for some hunting for things like ducks. But if your sole purpose is to wade up a creek that goes through private property to obtain access to an otherwise inaccessible parcel of public land to hunt for big game, the answer is no. Actually the answer is NOOOOOO!!!!!!!!

Public for some things, but not for others.


Seams gay.

This is not true in Montana; irrigation ditches are private.

 

[WapitiBob]

Irrigation canals and ditches are private around here. Their rights are one step below the railroad.

 

[WesternWyoming]

What state are you in? Makes all the difference.

 

[wytex]

@Gellar has to have legal ingress and egress points for watercraft, from what I understand. Have to be able to legally take a boat down it.

No irrigation canal is legal for recreational access for any water based activity at all. @Deez Nutz you’re the second person I’ve heard say that about wading to an otherwise landlocked piece of public. But you’re allowed to take a boat down the same river and it’s legal to get to that landlocked piece? I’d love to argue that in court. If it’s a navigable river legal to public access via the high water mark, id love to see the language that says no wading only boating.

Pretty sure the water is public but the land under it is private, hence no wading.

 

[Straight Arrow]

If it’s a navigable river legal to public access via the high water mark, id love to see the language that says no wading only boating.

Montana stream access law is most prevalently used for wading the defined rivers for fishing. Boating is also allowed and popular, but wading fishing is mostly the use.
FYI, the law stemmed from an issue of blocking the Dearborn River to block floating/boating.

Hunting up a river or stream with the intent of accessing public land to hunt or hunting in the stream is another completely different issue and really not allowed by the Montana Stream Access Law. Even as a matter of practicality, big game hunting by access up or down a stream is problematic.

 

[Forkyfinder]

Even as a matter of practicality, big game hunting by access up or down a stream is problematic.

I know of a place where elk are killed often like this. Logistics are simple. Actually.

 

[Straight Arrow]

I know of a place where elk are killed often like this. Logistics are simple. Actually.

Please provide a pin for that exceptional place.

 

[twraska]

The only correct answer would need to know the location and ownership. Some here in Texas are open to hunting, some are private property (even though they cross public roads) and some are irrigation district owned but still no access allowed.

 

[Straight Arrow]

Montana Code Annotated

23-2-302. Recreational use permitted -- limitations -- exceptions. (1) Except as provided in subsections (2) through (5), all surface waters that are capable of recreational use may be so used by the public without regard to the ownership of the land underlying the waters.

(d) big game hunting;