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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