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Jan 10th, 2023
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Joined: Jan 2006
Posts: 16,053 Likes: 277
Moderator Lunker
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Moderator Lunker
Joined: Jan 2006
Posts: 16,053 Likes: 277 |
I don’t know. People with back yard swimming pools fence their property to keep intruders out. Heck, we do whether there is a pond or not. We fence rural properties whether there is livestock or water impoundments.
It's not about the fish. It's about the pond. Take care of the pond and the fish will be fine. PB subscriber since before it was in color.
Without a sense of urgency, Nothing ever gets done.
Boy, if I say "sic em", you'd better look for something to bite. Sam Shelley Rancher and Farmer Muleshoe Texas 1892-1985 RIP
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Joined: Dec 2018
Posts: 895 Likes: 201
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Joined: Dec 2018
Posts: 895 Likes: 201 |
Makes sense. But, rural areas are butt deep in stock tanks. Stock, meaning livestock that need water. I can’t imagine a scenario where a rural farmer/rancher would need to unlock a gate to let livestock water.
However, juries are seldom peopled by our peers and both sides lawyers get to strike potential jurors.
One interesting thing. All of our drinking water comes from lakes that are filled by rivers that have their sources as streams from private land. I have such a creek, spring fed, on my land. It flows into the local lake. I am prohibited from damming it up due to owning the source. So, if a trespasser drowns in my creek, am I liable? Do I share the liability with the governing body owning the lake for drownings? Is any governing body responsible for lake drownings? I would have to go to case law for this one.
As Sonny Corleone said in The Godfather, “Schtoopid, just Schtoopid. “ DD, if your area is anything like our laws around here, and I think this is a national thing, if the stream across your place is of any size, it is owned by the public as far as access, they, the general public, can traipse thru your creek, inside high water line area, freely without any trespassing risk, nothing you can do to stop them. until of course they step out of the high water mark, then they are trespassing on your land.
All the really good ideas I've ever had came to me while I was milking a cow.
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Joined: May 2009
Posts: 5,722 Likes: 282
Lunker
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Lunker
Joined: May 2009
Posts: 5,722 Likes: 282 |
I think that here in Indiana, the stream and creeks that can be traversed by the public on private property are only those considered "navigable".
https://www.in.gov/dnr/state-parks/recreation/water-trails/river-rights-and-usage/#:~:text=The%20traditional%20law%20of%20navigability,became%20a%20state%20in%201816.
Last edited by RAH; 05/30/23 09:42 AM.
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1 member likes this:
gehajake |
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Joined: May 2013
Posts: 2,898 Likes: 146
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Joined: May 2013
Posts: 2,898 Likes: 146 |
I switched insurance providers and they required me to 'send them a picture showing a life ring or throwable flotation device mounted near the edge of the pond' WHAT?????
Made no sense in summer time as someone would get very wet very slowly before they were deep enough to drown (unless intoxicated or suffering from previous injury) But I thought about in winter if someone fell through thin ice it would make sense to have something there already.
I ordered a life ring and rope and attached to a tree in a way that isn't too conspicuous to thieves and the neighbors. Of course now that I satisifed the underwriter of my policy I am free to take it down.
I think for winter rescue it makes more sense to have a ladder or a small plastic boat/sled to allow the rescuer to come out on thin ice and float if they fall through in order to rescue someone.
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Joined: Dec 2018
Posts: 895 Likes: 201
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Joined: Dec 2018
Posts: 895 Likes: 201 |
I think that here in Indiana, the stream and creeks that can be traversed by the public on private property are only those considered "navigable".
https://www.in.gov/dnr/state-parks/recreation/water-trails/river-rights-and-usage/#:~:text=The%20traditional%20law%20of%20navigability,became%20a%20state%20in%201816. That is the way it here, "navigable waters" although Im not sure how they describe navigable, because a lot of these that are considered navigable are dry as a bone for 4months out of a yr..
All the really good ideas I've ever had came to me while I was milking a cow.
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Joined: May 2009
Posts: 5,722 Likes: 282
Lunker
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Lunker
Joined: May 2009
Posts: 5,722 Likes: 282 |
I looked up my creek an appear to be upstream of the part designated as navigable.
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