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August 2004, Week 1

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Subject:
Re: cables crossing Shell Rock River
From:
Charles Winterwood <[log in to unmask]>
Reply To:
Iowa Discussion, Alerts and Announcements
Date:
Mon, 2 Aug 2004 16:11:51 -0700
Content-Type:
text/plain
Parts/Attachments:
text/plain (198 lines)
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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