A while back we discussed posted waterways and the legalities of keeping us off some waters here. The general consensus was that if you can paddle to an area then you are free to. I believe one area discussed was the small lake off the Pottsburg.

We posted a trip of ours (http://www.everytrail.com/view_trip.php?trip_id=1262596) on the creek and some comments spurred me to pursue this issue as the barricade to the lake has been growing more formidable lately. Today I had some time and worked my way through the COJ tax assayer, the Army Corps of Engineers and finally the Florida Dept of Environmental Protection. I know what I'm talking about here...

The lake and the feeder creek are on private property. My understanding is that before the Public Trust Doctrine gave the control of submerged lands to the state of FL (1845) this property had been cleared and flooded. I may have forgotten some pertinent details but the facts are the lake is and has been private and the owners were within the law to block access, btw the barricade is on their property too. I learned recently there have been conflicts between boaters and the owners. probably explains the new barricade.

I hope this clears the air and saves a few folks some grief. I'll be happy to give my contact info for the D.E.P. if you want to contact me privately.

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...Cooler water, higher ground.

Can't believe the private property owners can legally "own" the water like that, thats terrible.

On a side note, I was fishing the classic down in salt run and had a very interesting conversation with an elderly woman. I was pitching under her dock trying for some flounder, when she came out on the dock (it is an apt. complex dock) and tried to tell me I can't fish w/in 10 ft of her dock. I politely informed her that I was well within my rights to fish, which she did not like to say the least. I was very interested in listening to this lady's reasoning and talked with her for about 15 minutes, basically she said that there is a guy who fishes her dock from a boat that catches a lot of "her" flounder and that the residents never catch fish when they fish the dock. She was very adamant in telling me that all the fish under her dock were hers and that no one else can fish for them. Also said boats are stealing all of her baitfish in the mornings when they castnet by her dock, lol. I just bit my tongue and listened to this lady to hear her out.

Funny thing is, the conversation started with her yelling at me but by the end of it, she was saying how much she liked me and I could come back and fish it anytime I want

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Hobie Outback

That is hilarious. Old lady is on crack.

Hey there wood on water. Judging by the pictures of your beautiful yaks, I believe that we worked together at All Wet Sports on the recent river clean-up day dragging the storm swept port-o-let out of the marsh in several pieces. A day to remember indeed! A friend of mine who spent alot of time on the creek in his youth, took a group of us back there last year. We could tell that this lake had been barricaded by chain-sawed trees and ropes. He said that that the blockage was well maintained. We got our yaks back there, and it seemed spring fed. A manatee swam straight underneath us. I had NO idea that someone could claim a body of water that was connected to public access. Thanks for the insight.

RBF.
Ever thought of giving the ol gal a flattie to help keep her from being so angry? Lol

Kinda reminds me of an old timer I used to know down here in St Augustine whose last name was O"steen,he claimed that all of the hogs in the woods belonged to him because if you lifted thier tail you would see his brand......the letter O.

Hey Stiff Necky,

Yep, that was us and thank you for the compliment! That was a great day on the water - good times, good people and what a pile of junk we pulled out of there! I still have little spots in the truck of that Pottsburg muck, it's like a tattoo.

It is a sad situation about the lake but let me share some insight about it - When I started calling around that morning I was a tad upset, the nerve of someone to build a barricade on public property to keep us off public water. Not to mention cutting down a tree to do the job! Also a long time ago I was told by a game warden to keep out of posted areas there. I pictured some property owners misinforming law enforcement for their purposes. So with a fire under my butt I began asking questions and wound up at the DEP. The fellow I talked to was familiar with the situation and had recently worked with JSO regarding some recent encounters of the property owners and boats/paddlecraft. I got the impression these weren't bad people - just tired of misinformed boaters telling them they were in the wrong. I can put myself in their shoes and understand, honestly I would have probably been more aggressive.

The truth be told we (boating community) burned this bridge. After a good slice of humble pie I did come out with a lesson learned. Whenever I encounter the situation again I know to contact the DEP and check it's validity. There are exceptions out there and the responsibility is ours to make sure we don't trespass.

Here's my silver lining, the fellow I spoke with (DEP) is a great guy. We talked about an idea I had regarding clearing some of the overgrown area of McGirts Creek for paddling access, I was intimidated about the necessary permits. Turned out I can handle this over the phone with him. He also informed me the department welcomes inquiries about docks, bulkheads and general work along the water. Good to know as we've come across some questionable structures out there. I will ask him for permission to post his name and number here, it may be handy for some folks.

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...Cooler water, higher ground.