Black Creek (Lehigh trib.)

2.) Weatherly to mouth at Lehigh River

August 17, 2009

Trip Report

ReporterDrew Kmiec

While he may be able to argue the creek is non-navigable, he cannot interfere with boats, at least as far as I can gather from the state site on the bottom of the page at the state site listed in previous post:

'Can a riparian landowner prevent the public from boating or floating in a non-navigable water?
No, because there’s a “navigation servitude” that gives the public the right to use the water for purposes of navigation only. This servitude does not extend to fishing.

Can a riparian landowner string a cable across a non-navigable waterway?
Yes, as long as:

1. the landowner owns property on both sides of the stream; and
2. the cable doesn’t interfere with navigation.

However, from a liability perspective, it may not be a good idea.'