• Welcome to Pretentious Snobby Bastard Fly Fishing!. Please login or sign up.
December 05, 2021, 10:34:29 AM

News:

As an Amazon Associate I earn from qualifying purchases.


interesting Virginia water rights article

Started by Big J, January 04, 2012, 17:37:09 PM

Previous topic - Next topic

0 Members and 1 Guest are viewing this topic.

Big J


Woolly Bugger

I read that the other day, it's not a good situation, it takes deep pockets to fight this sort of thing and the land owneres don't have to prove anything if it doesn't go to court. I think that at the end of the day the only winners will be the lawyers.

I know that the guys that are fighting this thing have come on the site and posted a link to there web site which is seeking donations to help.

http://www.virginiariversdefensefund.org/

ex - I'm not going to live with you through one more fishing season!

me -There's a season?

Pastor explains icons to my son: you know like the fish symbol on the back of cars.

My son: My dad has two fish on his car and they're both trout!

TakeTheFly

Yep, the case is really starting to get some coverage now.  Thanks for keeping the discussion alive.  This case is about so much more than two hapless anglers and one stretch of trout water.  We're fighting for all anglers in Virginia to be able to use their public waters.  We'll keep up the fight for those anglers, we just hope not to have our supply lines run out and be forced to withdraw from the battle.  Do what you can.  Every little bit helps the war effort.


Big J

Quote from: TakeTheFly on January 06, 2012, 13:19:47 PM

Yep, the case is really starting to get some coverage now.  Thanks for keeping the discussion alive.  This case is about so much more than two hapless anglers and one stretch of trout water.  We're fighting for all anglers in Virginia to be able to use their public waters.  We'll keep up the fight for those anglers, we just hope not to have our supply lines run out and be forced to withdraw from the battle.  Do what you can.  Every little bit helps the war effort.

I have a buddy that's on the board of one of the VA TU chapters and he said he is going to bring it up.  I know TU has been staying out of it due to the fact they would lose support from some of the big fishing resorts out west that have agreements on rivers like is trying to take place on the Jackson.  Hope it all works out and know you have a lot of support in Lynchburg. 


Stuart R.

Here is a piece of a email sent to me from a VA gamewarden. I asked a ? about floang "navigable waters".
Mr. ,

The rivers you mention are not in my region but I can answer your questions generally.  Navigability of rivers (a legal term which has nothing do with the ability to physically navigate a body of water) is determined federally not by the state.  Where ever a river has been ruled navigable, it is open to the public for transportation and for fishing, including wading.  You may not fish from anyone's property without their permission nor enter their property for any reason if it is posted against trespassing.  Low water bridges may be legally crossed and there should be no fences obstructing passage on a navigable river.  The only exception I'm aware of is portions of the Jackson River in Alleghany County which has been ruled navigable but four landowners have obtained a court decision that gives them exclusive fishing rights in their portions of the river.

Capt. XXXX XXXXX
(540) 248-XXXX

I am not familiar with the Jackson at all. Was this area these 2 guys were in part of this section. I have heard the fuss these landowners have caused up there and hate to see things like this. It doesn't look like the landowners would have a leg to stand on unless it is one if these areas. But VA don't care and will wash their hands of the poor guys. It took me about 5 emails to the VDGIF to get that answer and the Marion office wouldn't answer it I even called over there! They kept dodging the ? because of the unknown of it I guess. All I wanted was to be told how the VA game dept. read the law of navigability and access to those waters. I finally got an answer after much fuss and threatening to take it up the ladder out of the Dept. But still yet it was from a warden way out of our local. That kinda rubbed me wrong. I guess what I am trying to say is if VA thinks they were right they should represent the anglers but I fear the worst for them.
STU

CPR Catch, Photo, Release.

robspe7370

Bully/Claimant:

Matthew Sponaugle

(877)466-1136
(540)6929697

Email:
nsdllc@ntelos.net

Business Address:

North/South Development
227 Pioneer Rd.
Covington,VA
24426

Hypocritical Website:
http://fishntheedge.com/

Doxed!!!

Now tell him how you feel about it.
-0- -0- -0- -0- -0- -0- -0- -0- -0- -0-

Careful, he's litigious!

I ain't here for a long time. I'm here for a good time.

natureboy

They got some cashola from me.  Wonder whats happening with the case?

Stuart, they were on a different section a few miles downstream from the previously off limits section (per the VA supreme court).  The section in question now is right downstream from a public access point and was publicized by VDGIF as being public access...but the state has refused to step in on behalf of the fishermen...


Stuart R.

Don't surprise me there Natureboy. I hope they get off, or get what is right that is. Hate to see people be pushed out of what is right and hate that the state is taking the coward's stand!

Stu

CPR Catch, Photo, Release.

TakeTheFly

Nature Boy is correct.  The section in question was some 6-7 miles down river.  I have even heard reports of riparian landowners harassing guides between Petticoat Junction and Covington, some 4 miles further down.  So not only is the disease spreading down the river, it is jumping to the Cowpasture, the Bullpasture, the South Holston, etc.  If this case breaks the wrong way you will see a domino effect as more and more landowners pursue the sue strategy to get their private piece of public water.

You know what puts the cherry on the top?  The Virginia Dept of Enviro Quality (DEQ) and the Army Corp are doing a feasibility study at Gathright dam, that feeds the Jackson tailwater.  They are studying release rates/times, so as to make it more of a natural cycle.  The number one stated reason for this is:  "enhance the downstream recreational opportunities."  The same downstream where the anglers got sued for using.  The insanity of it all. 


OldDominionAngler

Quote from: Gateway_Angling on January 06, 2012, 16:55:16 PM

Bully/Claimant:

Matthew Sponaugle

(877)466-1136
(540)6929697

Email:
nsdllc@ntelos.net

Business Address:

North/South Development
227 Pioneer Rd.
Covington,VA
24426

Hypocritical Website:
http://fishntheedge.com/

Doxed!!!

Now tell him how you feel about it.
-0- -0- -0- -0- -0- -0- -0- -0- -0- -0-

Careful, he's litigious!

Ah, yes.  I've received some of their mail inviting me to come fish.

Per the website,

"Due to the lack of fishing pressure from the public...this section of the Jackson has grown into one of the finest wild trout fisheries on the East Coast"

I.e., embattled private property causes VDGIF to stop stocking, wild trout numbers sky rocket, private interest now falsley blames former low wild stocks on the filthy, unwashed masses.

"The Jackson River Fly Fishing Club has been established by the developer to oversee the management of the river to preserve and enhance the aquatic environment in which the trout prosper..."

Yeah...I'd like to know what actions are being taken to "enhance the aquatic environment".

Sad situation all around.  Donation coming soon.  TaketheFly, best of luck in the battle.


Woolly Bugger

January 09, 2012, 19:12:04 PM #10 Last Edit: January 09, 2012, 19:14:19 PM by Woolly Bugger

[attachimg=1]

hmmmm,

what would happen if we all took a "tour"

ex - I'm not going to live with you through one more fishing season!

me -There's a season?

Pastor explains icons to my son: you know like the fish symbol on the back of cars.

My son: My dad has two fish on his car and they're both trout!


#CommissionsEarned