"Meandered" streams had meander lines drawn by
surveyors in the mid-1800s. For a variety of reasons,
including funding and lack thereof, not all rivers
were meandered. In any case, the state has declared
the public's right to those streams and their banks.

The latest state definition of "navigable" is much
more recent (1982 legislation), and Iowa describes
waters available for navigation in terms of all
'lakes, rivers, and streams, which can support a
vessel capable of carrying one or more persons during
a total of six month period in one out of ten years.'
As you can imagine, in years like this or 1993, that
includes some quite small streams -- which are very
likely to have fences across them. Because our access
to these waters is much more liberal than some of our
neighboring states (especially Kansas and Illinois),
I'd hate to see our access undone because of hot
confrontations with landowners. Paddlers vs. Farm
Bureau? No contest.

Best,
Nate

p.s. -- The Shell Rock is up high again.
--- Charles Winterwood <[log in to unmask]> wrote:

> Can you explain the difference between "meandered
> streams" and other navigable streams?
>
> --- Nate Hoogeveen <[log in to unmask]> wrote:
>
> > Hi folks. If a farmer owns land on both sides of a
> > river, he or she is very securely within rights
> (and
> > neighborly expectations) to build any kind of
> > livestock fence across a river. The cables on the
> > Shell Rock just upstream from the Shell Rock River
> > Preserve have been there for years. You are very
> > likely within your rights to step onto their land
> to
> > portage over the obstruction while in the process
> of
> > making your way down a navigable stream.
> >
> > If there was a problem (i.e., portage was
> impossible
> > due to river bank topography, the cable could use
> a
> > marker ribbon, or the landowner scolded you),
> > contact
> > me, and one of the paddling groups can look into
> > working directly with the landowner to resolve the
> > issue in some way. For the most part, I hope
> > paddlers
> > and landowners can get along, and they usually do.
> I
> > a
> > tiny handful of cases, the landowners actually are
> > stubborn buffoons, but generally it's a mistake to
> > assume that they are.
> >
> > That's not the case with "meandered streams," on
> > which
> > the state owns banks to the ordinary high water
> mark
> > (generally, where permanent vegetations like
> shrubs
> > and trees begin). No one can put a fence across
> such
> > a
> > stream.
> >
> > Best regards,
> > Nate Hoogeveen
> > Author, Paddling Iowa
> >
> > --- Neila Seaman <[log in to unmask]> wrote:
> >
> > > I don't have this year's voting records, but
> Jane
> > > talked to Susan and I think she has/had them.
> > >   ----- Original Message -----
> > >   From: Charles
> > > Winterwood<mailto:[log in to unmask]>
> > >   To:
> > >
> >
>
[log in to unmask]<mailto:[log in to unmask]>
> > >
> > >   Sent: Friday, July 30, 2004 10:03 AM
> > >   Subject: Re: cables crossing Shell Rock River
> > >
> > >
> > >   Neila,
> > >   There are similar cables and fences across the
> > > Upper
> > >   Iowa River in Winnieshiek and Allamahkee
> > Counties.
> > >   I testified to this fact at the local
> Governor's
> > > Water
> > >   summit and asked why they can do this with
> > > navigable
> > >   streams.
> > >   I never head an answewr.
> > >
> > >   Charlie Winterwood
> > >
> > >   P.S.
> > >   If I gave you(Neila) the voting records on tis
> > > years
> > >   state legislation, can you get them to Jane.
> > >
> > >
> > >   --- Neila Seaman
> > >
> <[log in to unmask]<mailto:[log in to unmask]>>
> > > wrote:
> > >
> > >   > I received a call the other day from David
> > Morud
> > > who
> > >   > is a rafter up by Mason City.  He told me
> that
> > > he's
> > >   > rafted the Shell Rock River a couple of
> times
> > > this
> > >   > summer.  This past trip, he discovered that
> > > farmers
> > >   > have stretched cables across the river in
> two
> > > places
> > >   > and anchored one end of one cable in the
> > > limestone
> > >   > on one side of the river.  He says he called
> > the
> > > DNR
> > >   > in Clear Lake who told him that farmers can
> > run
> > >   > electrical fence across the river if they
> want
> > > to.
> > >   > Morud tells me that he didn't see the cables
> > the
> > >   > first time he rafted this year probably
> > because
> > > he
> > >   > floated over them.
> > >   >
> > >   > Has anyone encountered this situation
> before?
> > > Does
> > >   > anyone have a suggestion on who Morud could
> > call
> > >   > besides the DNR in Clear Lake?  Does he just
> > > have to
> > >   > live with it?
> > >   >
> > >   > Your input is appreciated.  Thanks.
> > >   >
> > >   > Neila Seaman, MPA
> > >   > Director
> > >   > Sierra Club, Iowa Chapter
> > >   > 3839 Merle Hay Road, Suite 280
> > >   > Des Moines, IA  50310
> > >   >
> > >
> > >
> >
>
[log in to unmask]<mailto:[log in to unmask]<mailto:[log in to unmask]<mailto:[log in to unmask]>>
> > >   > 515-277-8868
> > >   >
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>
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> > >
> > >
> > >
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