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Post by jsanders on Sept 4, 2015 7:39:57 GMT -5
I have a friend that asked about how to keep people out of their quarry that now connects to an old quarry. The stream does not flow through but is now connected only on one side after the dam gave out. Is it legal to put up a chain link fence across the water where it connects to the creek? I know that the state legally owns the water but the land is private and the natural flow/path of the stream would not be obstructed by the fence.
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Post by morrison on Sept 8, 2015 14:10:48 GMT -5
I do not see any legality in putting up a fence due to the creek not being a navigable waterway. I would be more inclined to get the dam repaired. If there is an egress of state water which in turn means state owned fish, any individual that goes fishing there would be required to have a license unless they qualified under one of the exceptions.
IC 14-22-11-8
(b) Every person must have a fishing license in the person's possession when fishing in:
(1) waters containing state owned fish;
(2) waters of the state; or
(3) boundary waters of the state
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