Is the North Branch of Ten Mile Creek Waterway Public or Private?
Almost all of the North Branch of Ten Mile Creek is private. The public sections include over a mile in West Bethlehem Township, a small area in Marianna Borough and an area owned by the Marianna West Beth Sewage Authority. I might add that Pennsylvania has a "Riparian Rights Doctrine." This might clear up some questions as to the right to float on water that is above private land.
The North Fork of Ten Mile Creek through Prosperity, Amity, Marianna is not a public "navigable" waterway. And neither are some of the streams leading up to it like Daniels Run in Marianna. There are a few sources online whose database is wrong when it comes to the North Fork being a public navigable waterway. But because the creek is not listed as public or navigable, this does not mean you cannot float on the North Fork of Ten Mile in a kayak or canoe. Apparently, you can, but only in areas where the water you are entering into is on public land and so long as you are "floating" through and not "touching" private land. Also, the public does not have the right to cross over private property to access a creek area that is public. If you enter the waterway legally, however, via a public access/launch area, this is legal so long as the water you are entering into is on public land. From an access point, a person may float or boat on the waterway through the private property. There is no public right to enter upon private property based on the mere presence of water.
The South Fork of Ten Mile Creek, however, through to Rogersville, is listed as a public navigable waterway. The South Fork, in its history, was at one time used for commerce, helping it meet the requirements for being a public navigable waterway.
"Once a stream is determined to be navigable in fact, it is considered navigable throughout its entire length, from the headwaters to the mouth. Once a river or stream meets the navigability test at any point in history, it remains navigable as a matter of law up to the present time regardless of its continued use for commerce; the Commonwealth is not divested of title by disuse of a waterway for commerce." http://www.docs.dcnr.pa.gov/cs/groups/public/documents/document/dcnr_20028883.pdf
A few resources on the subject:
fishandboat.com
Let's say the Marianna dam wasn't there, and a kayaker wanted to float through the borough and township property, they could only go about 1.48 miles before they'd have to get out, unless, they can "float" the remainder of the way down to Clarksville without getting out on a private property.
The North Fork of Ten Mile Creek through Prosperity, Amity, Marianna is not a public "navigable" waterway. And neither are some of the streams leading up to it like Daniels Run in Marianna. There are a few sources online whose database is wrong when it comes to the North Fork being a public navigable waterway. But because the creek is not listed as public or navigable, this does not mean you cannot float on the North Fork of Ten Mile in a kayak or canoe. Apparently, you can, but only in areas where the water you are entering into is on public land and so long as you are "floating" through and not "touching" private land. Also, the public does not have the right to cross over private property to access a creek area that is public. If you enter the waterway legally, however, via a public access/launch area, this is legal so long as the water you are entering into is on public land. From an access point, a person may float or boat on the waterway through the private property. There is no public right to enter upon private property based on the mere presence of water.
The South Fork of Ten Mile Creek, however, through to Rogersville, is listed as a public navigable waterway. The South Fork, in its history, was at one time used for commerce, helping it meet the requirements for being a public navigable waterway.
"Once a stream is determined to be navigable in fact, it is considered navigable throughout its entire length, from the headwaters to the mouth. Once a river or stream meets the navigability test at any point in history, it remains navigable as a matter of law up to the present time regardless of its continued use for commerce; the Commonwealth is not divested of title by disuse of a waterway for commerce." http://www.docs.dcnr.pa.gov/cs/groups/public/documents/document/dcnr_20028883.pdf
A few resources on the subject:
fishandboat.com
