Guide lines on public access to rivers

For years I have gone to the river in our town always under the impression that if i stayed below the high water mark i was on public land (Ive also always used BLM access to the river) . Until recently when the owner of some property above a falls decided to get the local law enforcement involved. They cited me with a class 2 misdemeanor for criminal trespassing. The police said that our river is unnavigable so the high water mark doesn’t apply. Is this true. And if so how can i still go to the river without being in violation of trespassing especially that same falls. Thank you .

Asked on June 30, 2009 under Criminal Law, Oregon


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As to your second question, you would need to consult with an attorney in your state for specific legal advice because we do not serve as your legal counsel, have not surveyed the area, etc.

Then consider consulting with an attorney at

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