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420...............Ordinary High Water Mark (OHWM) is a biological term made up by a drunk grad student or a group of GS 15 environmentalist during a wild orgy weekend......in my humble opinion. Yes, it is used as a regulation benchmark (above or below) but its to much of a moving target for me. There is actually nothing ORDINARY about it.
Its not tied to statistics so its of no use to me and if you get 2 people to agree on it i will give you $1.00.
OHWM and bankfull are not the same.

420 racin wrote:My understanding would be if it’s inside the banks you are out of luck.

I agree, totally, I was kinda shocked when asked who a fellow needs to talk to in order to get the barges from running right there. So another question that can arise from this, you say as long as you are in the banks you are good (to run a boat that is) does that extend to hunters/fishermen, up into the Oxbow's as well? As long as you are inside the old "Banks" of the river, you are good? (for the record I think so) alot of folks get the old banks confused with the old thalwag/channel. What the gentleman was asking is for the tow boats to run in the thalwag of the river and not just anywhere within the banks, which is think is ridiculous.

Novacaine... We have gage data for the whole river, but you say bank full..some would argue and say flood stage. bank full and flood stage are different. The Corp regulates them (permitting side) to the Ordinary High Water mark (OHWM). which is below flood stage.

I just thought it kinda absurd to have such audacity as to request the tow boats on the MS River stop running so close to "Your" bank of the river. Imagine the request if you were to pull up behind that island an throw out some decoys.

Is there a difference is barge traffic and hunters/fishermen using the water? IF so what is the difference?[/quote]

I don’t think there is any difference for recreational use. As you eluded to the problem comes new with what is interpreted as normal banks.

novacaine wrote:420...............Ordinary High Water Mark (OHWM) is a biological term made up by a drunk grad student or a group of GS 15 environmentalist during a wild orgy weekend......in my humble opinion. Yes, it is used as a regulation benchmark (above or below) but its to much of a moving target for me. There is actually nothing ORDINARY about it.
Its not tied to statistics so its of no use to me and if you get 2 people to agree on it i will give you $1.00.
OHWM and bankfull are not the same.

AMEN Bill!

mshunter77 wrote:
I don’t think there is any difference for recreational use. As you eluded to the problem comes new with what is interpreted as normal banks.

its probably old news, but i remember this being a ground-shaker when it came out....

http://www.louisianasportsman.com/details.php?id=213

edited to add-

looks like the 5th circuit affirmed the trial court's ruling.

Parm v. Shumate, 513 F.3d 135.

https://www.courtlistener.com/opinion/1 ... v-shumate/

Seems like only yesterday. I find it ironic that Primos makes a big deal about standing up for the preservation of access to hunting areas. Lol.

So i remember that case, and basically it was said you (Public) don't have the right to fish, but you can navigate. Well my question for the legal folks would be what if I were a guide and making money fishing, then would the commerce clause apply on interstate waters and allow me to fish as it would be commerce then rather than simply recreation?

Bottom line is this stuff happens more and more and more often. I have three different cases of this stuff on my desk right now where folks along the MS river have built levee's structures or put in pipes and road crossings to keep the public from boating into oxbows. I'm just waiting on the water to go down to access these areas and see what is actually going on.

I’ll be your client — you be the guide. Punch in Gassoway Lake on the GPS and we’ll try ‘er out.

stang67 wrote:I’ll be your client — you be the guide. Punch in Gassoway Lake on the GPS and we’ll try ‘er out.

No problem, I believe we can get in there without a problem right now! What you want to fish for

You guys joke around, but that is exactly what is needed... Court cases and precedent. Hope ya got fat pockets, they will be needed...










Boats can travel ANY part of that waterway that they want to. BUT!!!!!!!!!!! Every vessel is responsible for its wake. Coast guard has jurisdiction. Complaints with boat info and schedule will require a report. Contact boat Company with info and cords with report and the old guy will probably be made whole...and them move away..


Fact is, they are responsible for their wake!