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Sorry for the late report, had a bunch going on.

After work i headed straight for the Creek. I arrived about 3:15 and not having been there before just decided to scout it out alittle before fishing. I had gotten a couple tips from KenG but until actually being there you dont know what to expect. I started out walking the path down to the creek and i decided to head towards the mouth. The water there was dirty as expected and decided to make a couple casts to see if anything was lurking around. After about 5 minutes i landed a 10" smallies and decided i had enough and wanted to do some exploring up the creek.

I headed my way throught the brush and worked my way to the bridge and got in. What a beautiul little creek, kind of reminds me of the Apple river with the rock bluffs. The fishing turned out to be very good yet frustrating at times. The first half hour of fishing i had many hits with a brief fight and would spit the hook. They were hitting very light and just grabbing the end of the twister so i switched to an 1/8 oz. panther martin. Got a couple smaller fish with one gut hooked that took a while to get the hook out. Switched back to the twister and thats what stayed on the rest of the wade.

Started heading up stream and just started casting into any area where there could be a possibility of holding a fish. The fish were really stacked up in certain spots with multiple fish caught in the same area. Probably ended up with 30 plus fish ranging for 4in. to 17in. Mixed back with smallies, sunfish, creek chubs, and a surprise channel cat. Had a blast and will definetly be heading out there again.

















 

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jnapodano said:
Be careful it's private property west of the rt 31 bridge(unmistakable) you can get in trouble walking up as far as that dam. :roll:
I've been walking all the way up to the Mooseheart Lake dam for almost 10 years. Bob Long calls us Gray Beards. Basically old harmless guys that everyone leaves alone and overlooks. 8) 8)

It also helped to organize clean ups at the mouth for a few years and get to know the security guards.

I guess that was a bonus. :wink:

Don't forget to go read http://www.nors.org and who owns the rivers, then you won't have to worry about what landowners think. Just be prepared to politely explain the access laws to them. These are the federal laws. The state laws are meaningless if they contradict the federal laws.

In other words, if you can get to flowing water via public land, say a bridge even, then you get to walk up and down that flowing water all you want and there is nothing anyone can do about it.
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WOW, nors.org just added something new that refers to Colorado, but they keep referring back to how the Colorado laws are moot because of over riding federal supreme court rulings. This could easily have repercussions in other states, like Illinois.

But then, I don't think any of you will read it. :lol: :lol:

http://www.nors.org/states/co-law-boat-rights.htm
 

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Ken G said:
In other words, if you can get to flowing water via public land, say a bridge even, then you get to walk up and down that flowing water all you want and there is nothing anyone can do about it.
wow good info.... this may be stretching it, but if you follow the flowing water of a creek or inlet that leads to a private lake would you be able to fish that??? just kind of thought of that if that situation would come up....
 

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jnapodano said:
Be careful it's private property west of the rt 31 bridge(unmistakable) you can get in trouble walking up as far as that dam. :roll:
maybe next time you PM the guy before calling out a stretch he may have been on a public board...

On another note, nice fish dude! I'd take KenG's word. He seems to be a very wise river wading type person
 

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Looks like a good day to me.
And some intersting info from keng and jnapodano as well. I will probably read that. :wink: I had the fortune to speak with a conservation officer during a hunter ed course a few years ago, and asked him a few questions when it came to waterway access. One surprising thing is that "navigating" a waterway is far different from contacting the land under the water. Anything like stepping off the boat so you are standing in the water, or even dropping an anchor, would be considered trespassing if the waterway is bordered by private property. To put it in context, we were talking mostly about streams coming off private property, that can be accessed by rivers which can be accessed via public land. I am hoping that one of those links will shed a little more light on the term "navigable" and how it applys to wading.
 

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Jason,
Thanks for that piece of info. I'll add it to my collection.

The interesting thing about NORS.org is that it was compiled by people that want to use every available stream for paddling, whether canoe, kayak or raft. In all that info is one paragraph that I have never had the time to follow up on.

First, the public has the right to use all running waters, (even streams that are not physically navigable,) for activities such as fishing, (subject to state regulations to conserve fisheries,) and to walk along the banks as necessary to use these waters, in the manner that is least intrusive to private land.
I had always planned to join NORS and get involved with this to clarify fishermen's rights, but after almost 10 years I've never got around to it. Since I don't participate much anymore in any other issues, I think it's time I get around to it.

I have one link on my site that pertains directly to something that happened in Illinois, but they don't say where.

http://www.wadauwant.com/wd_journal/vie ... f=45&t=101

Out on the Apple River years ago a CPO mentioned that there was a law passed around 1890 here in Illinois that allowed land owners that owned land on both sides of small streams to put barbed wire up to prevent their cattle from wandering off. This law was misinterpreted by land owners. They thought it gave them ownership of the stream and the right to keep people off the stream. Nobody has bothered to clarify that law.

If in doubt, ask for a deed. Good chance there's no mention of the stream.

AND to get back on topic, beautiful back there isn't it Matt.
Make sure you go back in October when the colors are changing.
Bring a 5 foot ultra light with little jigs.
And a camera.
 

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Ken bro someone's gonna get arrested following your advice man. I have a buddy who is a kane county sheriff(actually buddies brother) I called him today and asked him and he said you would/could definitely get arrested if you walk up that creek to mooseheart and he said technically it is all private property after 31 as the north east portion is a private landowner. I'm not a lawyer but I trust what he says more than anyone on this board.

Mill creek is not a navigable channel dood :(
 

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Jason, I appreciate what your saying, but if that were to happen, just print out some of the NORS info, bring it to court and the judge will let you go with nothing. And you'll have won another minor battle for stream access in Illinois.

It's happened on the Galena, Apple and other small rivers and creeks.

Read the quote in my post above yours. That is federal law. Read through the whole nors thing like I've done over and over and over.

Accessing flowing water from public areas is not illegal. They do not own the stream bed, the water or the creatures in the water. That is held in trust by the state for us. Always ask to see the deed.

Nors is quite clear on what navigable means. It's opinions are based on supreme court findings.

Ignore what Illinois has deemed navigable. You couldn't wade the Fox if you paid attention to that.
 

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When you find someone with a deep enough checkbook to take a case like that to court in Illinois let me know Ken.

If what you say is true we should all be able to go fishing on Lake Holiday via public access through Somonauk Creek.

Seriously I've wanted to fish there for a long time, let me know when you have case number that establishes a legal precedence as that is the only thing I would feel comfortable putting in front of a judge on my own as you described.

Individuals right to private property is one of the founding principles that made this gov't work. There are countless "private fishing communities" across the country. While I like to fish in a lot of different places and go on bataan marches into the woods in search of new waters I don't think that would supercede a private landowners right to want to create an ideal fishing location that no one else could access that is within the boundaries of their lands even if it attaches to a creek that connects to a river.
 

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Lakes are a totally different issue. Kind of.

You cannot walk across private land to get to a stream and it has been extremely rare that I have done that. 98 percent of the Fox Creek exploring I've done has been through public access points. Even if its parking next to a bridge. The state owns the right away. Believe it or not, in the eyes of the court, the crossing of a stream and a road is a public intersection and the public has the right to go up or down that intersection. To block that intersection is illegal, something Yorkville is going to have to deal with when I get done documenting and sending off how they have blocked access to Blackberry creek.

In theory, you can put a canoe into Somonauk Creek at Sannauk Forest Preserve on the north end of Lake Holiday and paddle right into the lake. ( I know where there are public playgrounds next to creeks in little towns, there's my in to the creek, GOOGLE is a wonderful thing ) I almost waded into the upper reaches of Lake Holiday because I could, it's public property. It just got a little deep. You cannot cross through someones yard that borders the lake and put in your boat. That would be trespassing of course.

Not sure if there is a permit required to put a boat on that lake, but it would be interesting if it was a county permit no different than DuPage has for some of its lakes. Then you can do just what I said.

It would be interesting to find out none the less. I don't fish lakes around here so I really don't care to do it myself.

I used to be a member of a rod and gun club outside of Richmond Virginia. We owned a thousand acres of land that surrounded three 30 acre lakes. Only 35 members. So I know those laws too and the desire for privacy. Stupidest thing I did when I got divorced a few years ago was give up my membership. Long story.

Like I've been saying all along, read the nors.org info in detail. It addresses everything you bring up.
 
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