# Private land water access question



## dogdexter1 (Sep 6, 2007)

To trap private land a trapper needs "written" permission to trap from the landowner.

What about water on unposted private land?

Cricks?

What if you have permission for the land the slough is on and this slough is large and covers many sections of land not owned by the original land owner can you trap this?

What about a river that runs though private land? can i just hop on at a spot and trap beaver/muskrats/mink exc?

Strictly water sets or do i get alittle access to the shore?

i didnt think the landowner owned the water, but im not sure

This question is in regards to North Dakota trapping

I know i should ask permission first but im just curious


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## dogdexter1 (Sep 6, 2007)

The State of North Dakota owns all water within its borders. Individuals and entities that own property must apply for a permit in order to use water on or below ground.

http://www.prairiepublic.org/features/M ... /facts.htm

According to this i think a person should be able to trap water without permission.

That is if the land you have to cross to get to the water is unposted, so you wouldnt be tresspassing.


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## wyogoose (Feb 11, 2006)

In Wyoming the state owns the water but property lines follow the contour of the land into the water. Therefor, if you anchor or bed a trap on the bottom, even if it is underwater, it is considered private.


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## younghunter (Dec 17, 2006)

Here in kansas the property line divides water (creek, river, slough,Etc).. My uncle and I have got after some people bout that uncle owns both sides of creek, so legally its his water and fish and stuff in it... well its bout best stop to fissh on creek for probably 10 miles.... but we got people going in boats up and down fishing....we dont mind its just the fact they should no its private cause they put boats in write next to three private property with including water in Sharpie below sign.... Two months ago we actually had someone go and camp onhis land with out permission burned write next to a walnut tree and nailed stuff into the tree.. and leave trash everywhere... were werent home but boy someone would of got a buttchewing if we would of been...


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## bobcatbo (Sep 10, 2007)

Ive heard KS owns all water in its boundaries........
BUT to access that water you must NOT touch any privately owned land and in the case of canoing a creek, have permission from landowners on both sides pretty much if i wanted to fish that pond down the road if i could have a helicopter drop me in a float tube and be okay is what i heard :2cents:


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## adokken (Jan 28, 2003)

The Souris River can be posted and you can be guilty of trespass if you go on the property. This was a state court ruling a few years ago. anyway it is always a good idea to ask permission as that is a ND law in regards to trapping and snaring.


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## coyote_buster (Mar 11, 2007)

Just ask permision or you will end up putting a bad name on other trappers.


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## bobcatbo (Sep 10, 2007)

Amen


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## dogdexter1 (Sep 6, 2007)

still doesnt answer my question, ill just have to get in contact with the game and fish department


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