Support Iceshanty... Get some great gear and forum goodies... Join The Iceshanty Hardwater Militia
I know it may sound crazy but what I've been told is that the association owns a foot around the whole lake and that's how they keep it private.
So jump onto the ice over the 12" they own?
My friend is calling Indy just to make sure. He said it is state water though. Man would I love to catch a big trout out of there.
I was told by my buddy at DNR if you don't trespass on private land they can't kick you off since there is creek from Wawasee that feeds it water.
They only own the land. Ice is water so as long as they don't catch someone dropping a weight for a tip up you should be good. I know of a lake I would love to rattle a few chains on lol!! If these creeks get frozen I can see some good times happenin' round here!!!!
The way I've understood it you're ok on Non-Navigable so long as you don't touch the bank or or bottom. I wade Fall Creek around Pendleton a lot during the summer, which isn't on the roster, so technically I'm trespassing, but if I was in a kayak and didn't touch anything I'd be fine.
I had a CO explain it like this... The person owns the land under the stream because it doesn't move, but they don't own the water above the stream bed because it's always moving. So as long as you launch your canoe from a public site, like Falls Park in Pendleton, land owners cannot say anything to you until you step out of the canoe and touch river bottom or the bank.
It would be nice if we could all understand the laws without having a Harvard Law degree. It's pretty bad when 2 CO's can't tell you the same thing. Back to the matter at hand, regardless of navigability it seems pretty impractical to access a private lake via a creek or ditch.
Navigable or non-navigable is very subjective as I would consider all water navigable in some way. The listings on the link only list a handful of rivers and creeks - so there hasn't been a court decision on most creeks/rivers. It never hurts to just try, the worst that can happen is they will tell you to leave - I doubt you would get a ticket if you justified your reason to an officer since you weren't blatantly walking across someone's yard to gain access.