Public rights on waterways re article in Western Producer

[samhill]

IDK if this has already been a topic on this forum, a search didn’t bring it up. Anyhoo
We have a small river runs through our property and right beside our house. Yesterday 8 shiny new UTVs riding the river stoppe right by our house, kids riding on back. Having some beers etc. So I told them they’re on private property and had to leave. Their reply the Queen owns the water and they can travel on it. So, drinking and driving with kids, and chainsaws cutting trees in their way..I told them private property and get the hell off. Argue, just having fun, etc. So, pull out phone, say calling cops b/c not a navigable river. They move, on hide around a bend, fuel up, more beers. Tell em cops coming, they saddle up and climb steep riverbank, full bore spinning, bouncing, scared me spitless, with little kid on the back, could have flipped but thankfully didn’t.
So wrong, in so many ways.

[grassfarmer]

We used to get similar in AB quite often - I enquired and it doesn't take much to qualify as a "navigable waterway". Snowmobile down the frozen river then spin out onto my pastures using the banks as jumps, cutting electric fence wires when they are in their way.

[makar]

I have river cutting my home in half, i own to the high water mark, the other side was subbed off and they own from 10 meters back from the bank, the queen owns in between.

[makar]

If you think you own that river you dont want to be caught sneaking gravel from it. happened to my neighbor.

[seldomseen]

Tough spot for sure and I don't know what would be the best way to handle it.

Smile and wave or join them for a chat and a beer would most likely work as good or better then telling them to get the hell off.

Young guys are full of testosterone and see everything as a challenge.


We have had young guys ripping around now and again but they grow up and move on and then its quiet.

Just yesterday my wife and I were snowshoeing on the river near our place and we were noticing that there had not been anyone on that river all winter and when I was young there was snowmobiles on that river all winter.

[samhill]

Well, I’m well aware of the law regarding waterways and what qualifies as a navigable waterway. This creek is not navigable, even by canoe. Drinking and operating a motor vehicle is agaist the law. As is endangering a child. Cutting trees on private property is damage.

[samhill]

And yes,the Crown does have jurisdiction over the water and it’s use.

[Crestliner]

Samhill...you handled this correctly in my opinion. I doubt the hoodlems would even know the Queen’s name haha. You probably helped keep the little kid safe.

[dalek]

And yes,the Crown does have jurisdiction over the water and it’s use.

You might be surprised when you look up a map of what the feds have determined are navigable waterways, doesn’t necessarily mesh with reality on the ground. I’m aware of 10’ wide artificial drainage ditches that have water in them 2-3 months a year that are mapped as navigable

[biglentil]

We were all young once and exploring creeks on snowmobiles and what not is good ole fun.

[samhill]

Well, I have searched navigable waterways in Manitoba, and some are obvious and named. For others, from initial transport when ox cart or water freight were the main means it’s identifiable. Now it designates a waterway is public if it’s whole length can be used, even by canoe. Waterways that can’t be used year round or don’t have water at least 30 feet, not metres, between the banks for the whole year are considered not navigable. They are not a navigable waterway, and therefore not public use unless it is on crown land.

[samhill]

And I understand how it’s fun to explore and enjoy the outdoors. But, in this day and age, the landowner is responsible for the safety of all who venture onto his property. If a mishap occurs, you can be held liable if proven you did not maintain a safe environment. Even if you were unaware of the hazard or the presence of the trespasser. I carry insurance to protect us but even then, would my insurance company protect me if they could wiggle out?