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Message: <blockquote data-quote="Allen" data-source="post: 265454" data-attributes="member: 389">I have never seen that section of the CFR before, and think it's interesting as hell as to how it's worded.  Basically, as you put it, go treat it as a navigable stream and when you get the ticket...try and convince the court to convert it over to a navigable stream.  I think you're being too kind in discussing how to get a court to take up the issue.  Until then, all we have are the current designation of what are and are not navigable streams according to the state's definition.The really interesting part hidden here is when it comes to western ND, a conversion of a stream from navigable to a non-navigable designation would gift away many, many thousands of acres of current State owned land to the adjoining landowners. When it comes to the Bakken area of the state, that is many millions of dollars a year in oil revenue.  Or vice versa, a conversion of the Little Missouri to a navigable status would put many more thousands of acres into the public domain and the oil revenue that comes with it.- - - Updated - - -p.s.  just because a person can run a kayak or a canoe down a stream, that's not the deciding factor with how something gets defined as navigable.  The Little Missouri has been considered a non-navigable stream for a really long time and it's a hell of a lot bigger than the Knife, Cannonball, Heart, James, Souris and Sheyenne, all of which are currently considered navigable.- - - Updated - - -<a href="http://www.swc.nd.gov/pdfs/navigating_sovereign_lands_waters.pdf" target="_blank">http://www.swc.nd.gov/pdfs/navigating_sovereign_lands_waters.pdf</a></blockquote>

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