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Future of Virginia water rights

Started by Guest_drewish_* , Jan 15 2009 10:24 PM

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8 replies to this topic

#1 Guest_drewish_*

Guests

Posted 15 January 2009 - 10:24 PM

Summary as introduced:
Public's use of state waters. Requests the Department of Game and Inland Fisheries and the Marine Resources Commission to clarify the public's right to float, fish, and navigate the waters of the Commonwealth.
Full text:
01/13/09 House: Prefiled and ordered printed; offered 01/14/09 093947712

I'm very interested to see how this turns out. Any other states doing anything similar?

#2 Guest_PhilipKukulski_*

Guests

Posted 16 January 2009 - 05:37 AM

From Full text:
"WHEREAS, in 2000 the voters in Virginia amended the Constitution of Virginia, declaring in Article XI, Section 4 the right of the people to "hunt, fish, and harvest game"

Things I noticed:
- the request for clarification is a response to a passed initiative
- that 8 years have passed already.

p.s. Drew, Thanks for keeping us informed.

#3 Guest_ashtonmj_*

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Posted 16 January 2009 - 07:49 AM

So it doesn't address the silliness of King's rights at all?

#4 Guest_drewish_*

Guests

Posted 16 January 2009 - 12:41 PM

Are there actually places that have a king's grant that you know of? I know there are a few battles still going on regarding this issue in court.

#5 Guest_ashtonmj_*

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Posted 16 January 2009 - 12:51 PM

I know they exist, I don't remeber where. I thoughtit was over some stretches of really nice trout water that have King's grant and that it was upheld by the VA Supreme Court since it superceeded the VA constitution.

#6 Guest_nativeplanter_*

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Posted 16 January 2009 - 01:27 PM

Public access to Virginia waters is restricted to those considered navigable. I spoke with ACOE on this a couple years ago (for permitting purposes), and was told that most rivers had to be declared navigable by the courts in order to be so.

Here's a link to an ACOE document listing waters for which a determination has been made.

http://www.nao.usace...erminations.pdf

#7 Guest_fundulus_*

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Posted 16 January 2009 - 01:38 PM

I think most king's grants in VA have disappeared as land changed hands over the centuries. Some of my ancestors owned land involving a king's grant in 1724 in what's now Culpepper County, but they sold if after the Civil War so it's gone.

#8 Guest_ashtonmj_*

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Posted 16 January 2009 - 02:03 PM

Public access to Virginia waters is restricted to those considered navigable. I spoke with ACOE on this a couple years ago (for permitting purposes), and was told that most rivers had to be declared navigable by the courts in order to be so.

Here's a link to an ACOE document listing waters for which a determination has been made.

http://www.nao.usace...erminations.pdf

The "navigation" term is a problem in itself constantly being debated, overturned, etc. Maybe that is really what the state clarification is about.

#9 Guest_drewish_*

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Posted 16 January 2009 - 02:34 PM

Thanks for the link Laura. I have that document somewhere on my computer but couldn't find it.

Yeah, I've been using the "navigable" definition which is supposed to mean that you can float it at its highwater mark.

I can't remember where the most recent fight was but one I'm more familiar with is Goose Creek, tributary to the Potomac. It is an excellent smallmouth bass waterway and kayakers love it as well.