http://www.americanwhitewater.org/wiki/ 2009-11-17T22:53:41-05:00 http://www.americanwhitewater.org/wiki/ http://www.americanwhitewater.org/wiki/lib/images/favicon.ico text/html 2007-10-31T15:35:01-05:00 /content/Wiki/access:ak?rev=1193859301&do=diff American Whitewater Alaska Navigability Report Summary By statute, virtually any stream capable of being boated may be boated without peril of arrest or impediment. If you can access the waterway without trespassing, you can boat on it and portage if necessary. text/html 2007-10-31T15:37:55-05:00 /content/Wiki/access:al?rev=1193859475&do=diff American Whitewater Alabama Navigability Report Summary There is no simple test of navigability and public access of streams in Alabama. The test of navigability is a subjective decision based on many factors. Public waters include all “natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals or lagoons or [waters that] are dug, dredged or blasted canals and if these waters traverse, bound, flow upon or through or touch lands title to which is held by mo… text/html 2007-10-31T15:41:10-05:00 /content/Wiki/access:ar?rev=1193859670&do=diff American Whitewater Arkansas Navigability Report Summary The public has the right to use a stream in Arkansas if it is navigable. Both commercial and recreational use is considered in determining navigability. However, landowners on a navigable stream have the right to prohibit the public from crossing their property to reach the stream. text/html 2007-11-15T13:30:35-05:00 /content/Wiki/access:authors?rev=1195151435&do=diff Authors & Methodology Navigability Toolkit© 2000 FIRST EDITION RESEARCHERS AND AUTHORS: * Jay Kenney, AW Board Member and CO Attorney * Jason Robertson, Former AW Access Director * Curt Fish, AW Volunteer and DC/ME Attorney * Rich Hoffman, Former AW Access Director * Steven Ledbetter, AW Legal Intern text/html 2007-10-31T15:39:49-05:00 /content/Wiki/access:az?rev=1193859589&do=diff American Whitewater Arizona Navigability Report Summary The Arizona Navigable Stream Adjudication Commission (“ANSAC”) has determined that, with the exception of the Colorado River, none of Arizona's watercourses is navigable. Ownership of the streambeds of non-navigable watercourses rests with either the federal government or private parties. Although the public likely enjoys recreational rights on waters above federally-owned streambeds, it has no such right to access waters above private… text/html 2009-01-07T13:49:06-05:00 /content/Wiki/access:ca?rev=1231354146&do=diff American Whitewater California Navigability Report Summary In California, if a stream can be floated for most of the year, then the public has the right to use the stream. The public may use the stream for recreational boating, fishing, swimming, hunting, etc. up to the high water mark. text/html 2007-10-31T15:45:41-05:00 /content/Wiki/access:co?rev=1193859941&do=diff American Whitewater Colorado Navigability Report Summary It is unclear what test of navigability applies in Colorado, as no state statutes or regulations define or describe such a standard. Colorado courts also have not indicated which test applies, although the Colorado Supreme Court has summarily noted on two occasions that all streams in Colorado are non-navigable. The extent of the public's rights, if any, to float or otherwise recreate on non-navigable streams running through private p… text/html 2007-11-01T16:35:25-05:00 /content/Wiki/access:ct?rev=1193949325&do=diff American Whitewater Connecticut Navigability Report Summary In Connecticut, the public has the right to boat, hunt, and fish in navigable waters. Even in non-navigable waters, the public still retains the right to pass or repass upon the waters with any watercraft. Navigable waters are those waters which are subject to the ebb and flow of the tide; however, more recent case law has also imposed the additional requirement that the waterway is used for some useful or valuable purpose such as … text/html 2008-01-04T13:59:06-05:00 /content/Wiki/access:dc?rev=1199473146&do=diff American Whitewater District of Columbia Navigability Report Summary Since the District of Columbia is confined within a ten square mile area, its waters are readily identifiable: Rock Creek, the Potomac River, and the Anacostia River. The Potomac River and Anacostia River are considered “navigable waters” under the federal commerce test of navigability. Kayaking, canoeing, and fishing are permitted in the waters of the District of Columbia. Rock Creek is regulated by rules and regulation… text/html 2007-10-31T15:49:02-05:00 /content/Wiki/access:de?rev=1193860142&do=diff American Whitewater Delaware Navigability Report Summary Delaware's right of passage on waterways turns on a state test of navigability that requires usability as a highway for commerce. Delaware Administrative Code has defined such usability broadly to include recreational transport. Where navigable, the public may boat and fish. text/html 2005-09-15T19:26:51-05:00 /content/Wiki/access:federal?rev=1126826811&do=diff Federal Title Test & Navigability Report© DESCRIPTION OF FEDERAL NAVIGABILITY LAW, THE FEDERAL TITLE TEST, & THE IMPORTANCE OF THE DANIEL BALL Federal navigability law is used to designate federal waters as navigable. If a body of water does not meet these requirements it can still be declared navigable under state law through a state test, but Congress may not regulate it under the powers of the Commerce Clause of the Constitution. text/html 2007-10-31T15:51:09-05:00 /content/Wiki/access:fl?rev=1193860269&do=diff American Whitewater Florida Navigability Report Summary Public waters in Florida include only navigable waters that have not been alienated by grants, sales, or statutes. Florida does not apply ebb and flow principles to determine sovereignty over tidal waters and does not claim those that are not navigable. The test of navigability in Florida is virtually indistinguishable from the federal title test. Public rights to use navigable waters that have not been alienated include commerce, tra… text/html 2007-10-31T15:52:25-05:00 /content/Wiki/access:ga?rev=1193860345&do=diff American Whitewater Georgia Navigability Report Summary The Georgia Department of Natural Resources admits that public access to waterways for the purposes of fishing, hunting, and boating is a complex issue because of the difficulty of determining whether a stream is navigable by Georgia law. Georgia law defines a navigable stream as “a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year.” Navigability of… text/html 2005-09-15T19:33:22-05:00 /content/Wiki/access:glossary?rev=1126827202&do=diff Glossary for Navigability Report© Allodial: from allodium - an estate held indefinitely or for potentially indefinite duration. Appropriated: to be set apart for or assign to a particular purpose or use. Boatable: capable of being floated by recreational craft. text/html 2007-11-15T13:03:03-05:00 /content/Wiki/access:guidance?rev=1195149783&do=diff How to use the Navigability Toolkit© This Navigability Toolkit is intended to serve as a starting point on navigability law. The Toolkit serves as an educational tool, trying to explain in simple terms the public's rights to access and float rivers and streams. It is by no means the final authority in each state on this topic. It is intended to merely act as a springboard for further research of the law. text/html 2007-10-31T15:53:39-05:00 /content/Wiki/access:hi?rev=1193860419&do=diff American Whitewater Hawaii Navigability Report Summary Hawaii has few navigable streams. The Wailua River on Kauai is the only navigable river by boats larger than kayaks. Smaller navigable waterways include the Waimea, Hanape'pe, Lumahai, and Hanalei Rivers. Given how few navigable waterways exist, there is very little law regarding the public's rights in those waterways, and practically no law exists that discusses the public's right to recreate in non-navigable rivers. text/html 2007-10-31T15:58:10-05:00 /content/Wiki/access:ia?rev=1193860690&do=diff American Whitewater Iowa Navigability Report Summary In Iowa, the public may float on any navigable stream and engage in activities that are incident to navigation, including fishing, swimming, and wading. Navigable waters are all lakes, rivers and streams that can support a vessel capable of carrying one or more persons during a total six-month period in one out of every ten years. The right to portage is unknown. text/html 2007-10-31T15:54:44-05:00 /content/Wiki/access:id?rev=1193860484&do=diff American Whitewater Idaho Navigability Report Summary Idaho has one of the most boater-friendly rights of passage in the nation. Streams that can be floated by a kayak in Idaho are open to the public for any recreational purpose. Boaters may lawfully scout within ordinary high-water marks and portage around obstructions so long as they return to the river at the first safe spot. text/html 2007-10-31T15:55:47-05:00 /content/Wiki/access:il?rev=1193860547&do=diff American Whitewater Illinois Navigability Report Summary Navigable streams and rivers in Illinois primarily are those that are shown by “meander lines” (which are lines representing the natural flow of the water) on maps created by government surveys conducted during the late 1800's and early 1900's. The state owns title, in trust for the people, of the streambed and riverbeds of these meandered waterways. Thus, the public can use these bodies of water for fishing and boating. There is no … text/html 2007-10-31T15:56:50-05:00 /content/Wiki/access:in?rev=1193860610&do=diff American Whitewater Indiana Navigability Report Summary Indiana law provides access to public waters for all Indiana citizens for purposes of recreation and boating. When the waters are private, however, Indiana allows free and unmolested use to the owners of the water beds above which the water lies. Whether the waters are navigable is the decisive factor in determining the limitations of the private use of waters. text/html 2007-11-15T13:42:55-05:00 /content/Wiki/access:intro?rev=1195152175&do=diff Introduction to the Navigability Toolkit© AW’s Mission American Whitewater’s mission is to conserve and restore America's whitewater resources and to enhance opportunities to enjoy them safely. AW’s Access Policy American Whitewater seeks to ensure rights of public access to rivers and streams for recreational use by human-powered watercraft including kayaks, canoes, and rafts. text/html 2007-11-01T16:42:47-05:00 /content/Wiki/access:ks?rev=1193949767&do=diff American Whitewater Kansas Navigability Report Summary Many Kansas streams are non-navigable. Navigable streams must be able to be used to transport the local products (usually agricultural and not silvicultural products such as logs). This has caused the test in Kansas to be even stricter than the “log float” test. The public may use a navigable stream up to the ordinary high water mark; no law discusses whether land above this mark can be used for portage. text/html 2007-10-31T16:09:44-05:00 /content/Wiki/access:ky?rev=1193861384&do=diff American Whitewater Kentucky Navigability Report Summary The public has the right to use navigable waters for recreational purposes such as boating, fishing or swimming. The test for navigability in Kentucky is “navigable in fact.” The courts look to see whether, in the legal or technical sense, water has a useful capacity and can be used as a public highway for transportation. The law in Kentucky does not consider streams to be navigable if they are only sufficient to allow pleasure boate… text/html 2007-10-31T16:56:36-05:00 /content/Wiki/access:la?rev=1193864196&do=diff American Whitewater Louisiana Navigability Report Summary Navigable streams in Louisiana are those that have been or are capable of being used in their ordinary condition for interstate commerce. In navigable rivers, the state owns the riverbed, and the public can use the banks up the ordinary high water mark for activities related to navigation. Acceptable activities include boating, fishing and canoeing. text/html 2007-10-31T17:01:06-05:00 /content/Wiki/access:ma?rev=1193864466&do=diff American Whitewater Massachusetts Navigability Report Summary In Massachusetts, the public has the right to boat, fish, and fowl in navigable waters. Even in non-navigable waters, the public still retains the right to “passage up and down the stream in boats or other craft, for purposes of business, convenience, or pleasure.” Navigable waters are those waters where the tide ebbs and flows and non-navigable waters are those waters above the ebbing and flowing of the tide. text/html 2007-11-01T16:49:25-05:00 /content/Wiki/access:md?rev=1193950165&do=diff American Whitewater Maryland Navigability Report Summary Only streams that are tidal and capable of being boated, including small rowboats and possibly kayaks, are defined as navigable and open to the public. What rights, if any, a boater has on streams that are not influenced by the tide has not been conclusively determined. text/html 2007-11-01T16:48:11-05:00 /content/Wiki/access:me?rev=1193950091&do=diff American Whitewater Maine Navigability Report Summary In Maine, the public has the right to boat, hunt, and fish in navigable waters..)) Maine courts have generally construed these rights liberally to include those activities that are “reasonably incidental or related” to “fishing, fowling, and navigation.” Navigable waters are subject to public use as a highway for the purposes of commerce and travel. text/html 2007-10-31T17:02:31-05:00 /content/Wiki/access:mi?rev=1193864551&do=diff American Whitewater Michigan Navigability Report Summary Navigable streams and rivers are those capable of being used for commerce, including floating commercial logs, at seasonal high flows. The public has the right to use navigable streams. Use includes wading and fishing in navigable streams; however, the law is unclear was to whether such use also includes the right to recreationally boat on the water. text/html 2007-10-31T17:03:45-05:00 /content/Wiki/access:mn?rev=1193864625&do=diff American Whitewater Minnesota Navigability Report Summary In Minnesota, the public can use streams that can be legally accessed, for recreational boating. When a stream is designated as public waters, it can be used for wading, fishing, and swimming. From a legal standpoint, Minnesota is an ideal state for recreational boaters. text/html 2007-10-31T17:06:00-05:00 /content/Wiki/access:mo?rev=1193864760&do=diff American Whitewater Missouri Navigability Report Summary In Missouri, a navigable stream generally is defined as one which can be floated without undue difficulty in the lawful pursuit of commerce or recreation. The public right to navigation extends to recreational boating. Acceptable recreational activities include not only boating but also fishing and swimming. text/html 2007-10-31T17:04:50-05:00 /content/Wiki/access:ms?rev=1193864690&do=diff American Whitewater Mississippi Navigability Report Summary Mississippi uses a very straightforward test to determine navigability of streams. Natural streams with a mean annual flow of at least 100 cubic feet per second are public waterways on which the public has the right to free transport and the right to fish and engage in recreation. The public can also acquire rights in a body of water through prescription if there is a long history of public use. The public must be able to legally … text/html 2007-11-01T16:52:08-05:00 /content/Wiki/access:mt?rev=1193950328&do=diff American Whitewater Montana Navigability Report Summary Montana statutes allow public use of streams that are capable of being used for recreational purposes. The public can fish, hunt, swim, float and wade in streams satisfying this test. The public also has a right of portage in these streams. text/html 2007-11-01T17:00:03-05:00 /content/Wiki/access:nc?rev=1193950803&do=diff Summary North Carolina's state test of navigability is equivalent to a recreational boating test. If a boater can float the river, the river is navigable. The public can use all waters determined to be navigable for recreational activities such as boating, swimming, wading and fishing. text/html 2007-11-01T13:16:07-05:00 /content/Wiki/access:nd?rev=1193937367&do=diff American Whitewater North Dakota Navigability Report Summary North Dakota law governing the public's right to use waters only capable of recreational use is currently in a state of uncertainty. The issue has not been litigated in North Dakota courts, and, apparently, the North Dakota Legislative Assembly has not viewed the issue as important enough to warrant drafting new legislation. Thus, it is difficult to predict what would happen if the issue arises in the future. Recent case law in N… text/html 2007-11-01T13:06:08-05:00 /content/Wiki/access:ne?rev=1193936768&do=diff American Whitewater Nebraska Navigability Report Summary The public has the right to float the streams and rivers of Nebraska. The public also has the right to portage around obstructions in any river or stream while navigating with a non-powered craft. text/html 2007-11-01T16:57:37-05:00 /content/Wiki/access:nh?rev=1193950657&do=diff American Whitewater New Hampshire Navigability Report Summary In New Hampshire, the public has the right to boat, fish and engage in other reasonable activities in navigable waters. The public's right to use navigable waters in New Hampshire appears to be fairly broad. In fact, courts have held that the public's right to use such waters is not merely “limited to navigation and fishery, but includes all useful and lawful purposes.” Very few courts have addressed the issue of navigability, a… text/html 2007-11-01T13:11:28-05:00 /content/Wiki/access:nj?rev=1193937088&do=diff American Whitewater New Jersey Navigability Report Summary Waters in which the tide ebbs and flows are public to the extent that the sea flows and reflows. Accordingly, the public can use such waters for boating, fishing, swimming, and all other legal activities. On the other hand, waters with no ebb and flow of the tide are private waters and generally may not be used by the public without the consent of the owners. Non-tidal waters that are navigable-in-fact may be used by the public onl… text/html 2007-11-01T13:12:28-05:00 /content/Wiki/access:nm?rev=1193937148&do=diff American Whitewater New Mexico Navigability Report© Summary The constitution of New Mexico declares water in a stream to be public. The public has the right to use this water for recreational purposes, subject to the right of appropriators to remove water from the stream (e.g. for irrigation). So, in New Mexico, it seems that you can float any stream for which there is legal access. text/html 2007-11-01T16:56:07-05:00 /content/Wiki/access:nv?rev=1193950567&do=diff American Whitewater Nevada Navigability Report Summary In Nevada, navigable streams are those capable of being used or that have been used for commerce, such as floating logs to market. These streams can be floated, and probably fished, recreationally. The right to portage obstructions is undecided in Nevada. text/html 2007-11-01T13:13:53-05:00 /content/Wiki/access:ny?rev=1193937233&do=diff American Whitewater New York Navigability Report Summary The New York public right of navigation allows a range of vessels, including small boats and canoes, to navigate on New York's freshwater rivers, streams, lakes, ponds, and other waterways that are navigable-in-fact. To qualify as navigable-in-fact, a waterway must provide practical utility to the public as a means of transportation; ability to support recreational use is one factor New York Courts consider in their determination. text/html 2007-11-01T17:01:45-05:00 /content/Wiki/access:oh?rev=1193950905&do=diff American Whitewater Ohio Navigability Report Summary Ohio is kind to recreational boaters. Ohio allows the public to use streams capable of floating recreational boats (e.g., kayaking and canoeing). Factors for determining whether the public has a right to use a stream (besides physical characteristics of the stream) include the stream's history of public use for recreational boating and the existence of public access. There is some evidence that Ohio boaters may have the right to portage… text/html 2007-11-01T13:18:26-05:00 /content/Wiki/access:ok?rev=1193937506&do=diff American Whitewater Oklahoma Navigability Report Summary Oklahoma is OK for boaters. Boaters may use any stream capable of floating them. Whether this right includes any use of the bottom, including wading and pushing-off with a paddle, or right of portage, however, is unclear. text/html 2007-11-02T13:48:24-05:00 /content/Wiki/access:or?rev=1194025704&do=diff American Whitewater Oregon Navigability Report Summary In Oregon, the public has a right to float, wade, and fish in navigable streams up to the ordinary high water mark. The public also has a right to float, fish, and swim in certain smaller non-navigable streams that are considered public passageways. The law, however, remains unclear as to whether the public can touch the streambed or banks of smaller non-navigable streams while floating. text/html 2007-11-01T13:20:17-05:00 /content/Wiki/access:pa?rev=1193937617&do=diff American Whitewater Pennsylvania Navigability Report Summary A body of water is navigable if it is or can be used for commercial shipping purposes at any stages of water. The public can use navigable waterways for recreational purposes regardless of the ownership of the land beneath. On the other hand, if a body of water is non-navigable, it is owned and can be regulated by those who own the lands beneath it and abutting it. text/html 2007-11-01T17:03:55-05:00 /content/Wiki/access:pr?rev=1193951035&do=diff American Whitewater Puerto Rico Navigability Report Summary Pursuant to the 1976 Puerto Rico Law of Waters, the most recent law regulating rainwater, rivers, brooks and underground waters, all waters and bodies of water of Puerto Rico are the property and wealth of the people of Puerto Rico. Their use, utilization and development are subject to the provision of the Law of Waters and of the regulations prescribed thereunder. Generally, there are no restrictions, under the Law of Waters or re… text/html 2007-11-15T13:38:24-05:00 /content/Wiki/access:representation?rev=1195151904&do=diff Legal Representation, Navigability Toolkit© IMPORTANCE OF PROPER LEGAL REPRESENTATION This Navigability Toolkit is intended to serve as a starting point on navigability law. The Toolkit serves as an educational tool, trying to explain in simple terms the public's rights to access and float rivers and streams. It is by no means the final authority in each state on this topic. It is intended to merely act as a springboard for further research of the law. text/html 2007-11-01T17:04:44-05:00 /content/Wiki/access:ri?rev=1193951084&do=diff American Whitewater Rhode Island Navigability Report Summary In Rhode Island, the rights of fishery, commerce, and navigation exist in the public waters.. Public waters consist of waters below the high-water mark. Rhode Island abides by the public trust doctrine wherein the state holds title to the land below the high-water mark in trust for the benefit of the public. text/html 2008-02-06T18:30:08-05:00 /content/Wiki/access:sc?rev=1202340608&do=diff Summary South Carolina's state test of navigability is equivalent to a boating test. Thus, rivers that can be floated by a boat should be navigable and open to the public. State Test of Navigability The state test for navigability defines as navigable “all streams which have been rendered or can be rendered capable of being navigated by rafts of lumber or timber by the removal of accidental obstructions and all navigable watercourses and cuts . . . and such streams shall be common highw… text/html 2007-11-01T13:25:00-05:00 /content/Wiki/access:sd?rev=1193937900&do=diff American Whitewater South Dakota Navigability Report Summary South Dakota has adopted a recreational boating test. In other words, if a river or stream is capable of being floated, it can be used for any lawful recreational activity, such as boating or fishing. Any public use above the ordinary high water mark, i.e., outside of the stream bank, without the landowner's permission, would be considered trespassing. Accordingly, portaging on private property is probably not allowed in South Da… text/html 2007-11-15T13:44:50-05:00 /content/Wiki/access:start?rev=1195152290&do=diff Second Edition, Fall 2007 American Whitewater seeks to improve citizens' knowledge of the rights American's have to access our nation’s rivers and streams. American Whitewater prepared this Navigability Toolkit as a starting point for meeting this goal. We hope that through building this knowledge base among both recreationists and land owners we can reduce conflicts and support responsible recreational enjoyment of rivers and streams. text/html 2007-11-01T17:12:21-05:00 /content/Wiki/access:tn?rev=1193951541&do=diff American Whitewater Tennessee Navigability Report Summary Navigable waters are considered public highways under common law. There is no clear test of navigability and public access to streams in Tennessee, but generally streams that are floatable are navigable. Floatable streams are those that can be used to transport valuables to the public, like the ability to float logs down a stream. Streams do not have to be floatable at all times of the year and can be seasonal so long as they are fl… text/html 2007-11-01T13:27:18-05:00 /content/Wiki/access:tx?rev=1193938038&do=diff American Whitewater Texas Navigability Report Summary Public waters in Texas include navigable streams, navigable natural lakes, man-made lakes created by damming a navigable stream, and tidal waters affected by tides in the Gulf of Mexico. In Texas, the public may boat, fish, swim, camp, and, in general, carry on any legal activity on navigable streams and other public waters. Texas waters are considered navigable when they are either “navigable in fact” or “navigable by statute.” When pu… text/html 2007-11-01T17:13:42-05:00 /content/Wiki/access:ut?rev=1193951622&do=diff American Whitewater Utah Navigability Report Summary In Utah, the public owns the water and has the right to use any surface water for which legal access exists. The public has the right to use the surface water for recreation, including boating. Currently, Utah law is silent on whether streambeds of non-navigable waters can be used or touched by boaters. text/html 2007-11-01T13:31:15-05:00 /content/Wiki/access:va?rev=1193938275&do=diff American Whitewater Virginia Navigability Report Summary Virginia law is unkind to recreational boating. The public has no rights in non-navigable streams. Virginia allows the public to navigate (i.e., boat) on navigable streams that are or were used in commercial trade, but seems to apply this test rather strictly. The federal navigation servitude, which allows boating, might allow boating on more rivers in Virginia. Virginia is also an exceptional state in that beds of navigable rivers,… text/html 2007-11-01T17:14:53-05:00 /content/Wiki/access:vt?rev=1193951693&do=diff American Whitewater Vermont Navigability Report Summary In Vermont, the public has the right to boat and fish in navigable waters. Although public use of such waters was originally limited to purposes of commerce and passage, Vermont has recognized that the public's right extends to recreational uses as well. Accordingly, Vermont's navigable waters are subject to public use for the purposes of commerce, boating, fishing and other reasonable and normal recreational uses, subject to regulatio… text/html 2007-11-01T13:32:31-05:00 /content/Wiki/access:wa?rev=1193938351&do=diff American Whitewater Washington Navigability Report Summary In Washington, the public has a right to use streams that are capable of floating a “bolt of shingles” during high flows. While a bolt of shingles is not large, this test does eliminate some smaller streams capable of being floated in a kayak. Washington does not recognize a right to portage across private land. text/html 2007-11-01T17:16:51-05:00 /content/Wiki/access:wi?rev=1193951811&do=diff American Whitewater Wisconsin Navigability Report Summary The public may use any river if the river in Wisconsin is “navigable in fact,” even if the river can be floated during only part of the year. Public use is for both commercial and recreational purposes. The right to portage over private property has not been definitely discussed or decided by Wisconsin courts. text/html 2007-11-01T13:33:51-05:00 /content/Wiki/access:wv?rev=1193938431&do=diff American Whitewater West Virginia Navigability Report Summary If a stream is floatable by commercial logs, the public has right of passage in the stream. The public can use the stream up to the ordinary high water mark. The streams that the public can use include 34,000 miles of streams which have beds claimed by the state. text/html 2007-11-01T13:35:43-05:00 /content/Wiki/access:wy?rev=1193938543&do=diff American Whitewater Wyoming Navigability Report Summary Wyoming allows the public to boat any non-navigable streams that can be floated by any craft, even for pleasure, including a kayak. The right to float the stream is accompanied by a right to portage around and over obstructions, including riffles, rapids, and dams. A limited right to access useable waters over private property may exist in Wyoming.