Private or Not ? Question for Econ | CT DEP Law Enforcement

I was talking to a friend this morning and he asked me this question . He was fishing lower Broad Brook in Preston ( Started at Old Jewett City and Krug Rd ) Heading Down stream He came across a rope going from one side of the stream to the other that said PRIVATE We own the land on both sides and under the water . Unless you are floating over this section you ARE TRESSPASSING . You CAN NOT wade this section of river or you willbe arrested . Now I have had the police called on me in the past by someone that said I could not be where I was . I was in the water in my Waders The police came Asked me if I ever touched dry land and I said NO They told the land owner that I was okay to do What I was doing . So I guess my question is Is that section of the river PRIVATE or can it be fished ? If it CAN BE FISHED I am going to make a copy of the responce and go and fish it this upcomming weeked with the guy that told me about this . Looking forward to your responce THanks Bill

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Maine The Way Life Should Be and is going to be for me and the dogs before to long

#1310414 - 04/25/11 01:24 PM Re: Private or Not ? Question for Econ [Re: MOONSHINER]
EnCon Police Moderator Registered: 03/01/04 Posts: 3899	If the person owns both sides of the stream and has deeded ownership of the stream bottom then they can prevent you from wading the stream. It looks like they know the law as they indicate that you can float the stream in that area. That's what case law has established, that the surface of the water is available for recreational use by the public. (unless it's a private lake or pond where the water is completely surrounded by private property) The Audubon property on the Pomperaug River in Southbury is like that. They own both sides and the river bottom so they can prevent people from wading that stretch of the river, but they can't prevent kayaks, canoes or float tubes from using the water surface as the waters upstream and downstream are open to public use. We had the same situation on a section of the upper Farmington River. A homeowner had deeded ownership of the river bottom halfway across the river. Due to that, he could prevent people from wading in "his" section of the river. He couldn't prevent them from floating or boating on the surface. Captain Keith Williams keith.williams@ct.gov Connecticut Department of Energy & Environmental Protection Connecticut State Environmental Conservation Police
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