Who Owns the River, with Beau Beasley

The Orvis Fly-Fishing Podcast

James Hathaway

Bass, Fishing, Bonefish, Wilderness, Flyfishing, Trout, How To, Steelhead, Bluegill, Fly, Orvis, Sports, Salmon, Panfish, Education, Rosenbauer

4.8 • 1.9K Ratings

🗓️ 16 September 2024

⏱️ 99 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

Who owns the banks of a river? Who owns the bottom? Who owns the water that flows through a channel? And what defines whether a river is navigable or not? There are often no easy answer to theses questions, and much of it is determined on a state-by-state basis. Beau Beasley [35:27] has spent years looking at specific cases of access controversies, and some of you may not like what he says because he often comes down on the side of a landowner who prohibits access to a piece of river. But Beau looks at the facts and the law and approaches these issues in an objective manner. It's a fascinating discussion.

In the Fly Box this week, we have some comments, a bunch of tips, and some tricky questions, including:

Will I find steelhead in the same places I find resident rainbows?
How much time do you spend swinging a run for steelhead before moving on?
A listener makes a case for the positive cost/benefit ratio of fishing with a guide.
How much can a fly rod bend before breaking?
Do trout seem to have an affinity for one color of nymph over another?
How long does a frightened fish stay spooked? And do hatchery fish differ from wild fish in this respect?
If you use a barbless hook on a two nymph rig and attach the bottom fly to the bend, how do you alleviate the problem of losing the lower fly and tippet?
Do you fish a streamer in the same way you would fish a spinning lure?
How can I get smaller nymphs down into very deep, fast pockets in a river?
What would I consider the best roll-casting rod Orvis makes?
Do you have any tricks for hooking fish on a direct downstream presentation?

Transcript

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0:00.0	Hi and welcome to the Orbis Fly Fishing podcast this is your host Tom
0:13.8	Rosenbauer and my guest this week for the podcast is my friend Bo Beasley
0:18.9	and for for many years Bo has been digging into and studying the issue of access on North American
0:32.0	rivers on United States rivers actually and the various laws that are in place and it's a complicated issue for sure and but it's an important issue for all of us that care about being able to fish on certain rivers, both public and private.
0:52.0	And so I ask Bo to come on the podcast to talk about the various ways that states define navigability and how the states decide where you can fish and where you can't fish and where you can't fish and where you can cross somebody's land and where you can't cross somebody's land.
1:12.0	Who owns the river bottom, who owns the water.
1:15.6	All of these questions are important to us and Bo knows this probably as well as anyone
1:22.2	I know at least in a broad sense in various parts of the country.
1:26.7	You may not like everything Bo says because you know sometimes Bo comes down on the side of the landowner.
1:35.6	He looks at the facts and in some places the private landowner does own the bottom of the
1:41.2	river and can keep you from walking up the center of the river.
1:45.0	So anyway, I think this will be a controversial but interesting podcast and it will educate us all
1:51.3	on who owns the river. But first, before we talk to Bo, let's do the flybox. Flybox is where you ask me questions or you share tips with other listeners and I try to answer your
2:07.2	questions on the air or if I think your tip is is valuable I'll read it on the air
2:12.4	lately I've been getting I think a lot more is valuable. I'll read it on the air.
2:13.0	Lately I've been getting, I think, a lot more tips than questions,
2:18.0	and I actually prefer to have questions.
2:20.0	A lot of times I'll get a tip that we've already mentioned on the podcast or that we've discussed with a guest.
2:28.0	And I think the questions are the most interesting to people listening to the podcast.
2:34.0	And as far as a good question goes, you know, try to be,
2:38.7	try to remember a time on the river when,
2:41.9	or on the water in general when you were struggling with a particular technique or the fish weren't cooperating and ask a question about what you could have done or why someone thinks the fish behave the way they did.
	...

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