Overview of rivers in New York

Rivers of New York: Overview of New York whitewater, New York paddling, New York canoeing, New York kayaking, New York rafting, New York fly-fishing, New York river conservation, New York river law, and New York river access.

(In this space we will post an overview of rivers and river recreation in New York as soon as possible. In the meantime, note that the rivers of New York are described in books and videos available from the NORS Resource Center.)

(If you would like to post an overview of the rivers in New York, please post it to the River Rendezvous, State River News, New York News and Opinions section, or e-mail it to us at nors@rmi.net, and we will insert it here.)

Back to the top of this page.

The following news is assembled from postings from various sources, as a public service. The sponsors of this website do not assume responsibility for accuracy. Always double-check information before relying on it, especially when your safety is involved!

STATEWIDE ISSUES:

Court decision on river navigability in New York

[An article by Gary Spencer from the New York Law Journal, December 18, 1998.]

In a landmark ruling that could vastly expand the public's right of access to rivers on private land, the Court of Appeals yesterday adopted a new "recreational use" test for determining when waterways are navigable and therefore beyond the power of private landowners to close.

Although the age-old common law standard was based on a river's capacity for commercial use in carrying goods to market, the Court held that changing times and changing attitudes toward environmental preservation called for a new test in which recreational boating alone will be enough to establish a public easement.

"Rivers, long-recognized as unique natural resources, are no longer primarily subjects of commercial exploitation and gain but instead are valued in their own right as a means of travel," Judge Carmen Beauchamp Ciparick wrote in The Adirondack League Club Inc. v. Sierra Club, No. 170.

The case focused on a 12-mile stretch of the South Branch of the Moose River that crosses a 58,000-acre private preserve owned by the 400-member Adirondack League Club, which has barred non-members from using the stream for more than a century. But it should give canoeists and other recreational boaters greater access to streams throughout the state. State conservation officials, who supported the recreational use test, estimated it could affect 20,000 miles of waterways in New York.

Sierra Club attorney Philip H. Gitlen, of Whiteman Osterman & Hanna in Albany, said, "This will have a huge impact on the recreational resources that are available to the public," particularly in the six-million-acre Adirondack Park, which is "a patchwork of public and private landholdings." All major rivers in the park cross private land at some point, most of them repeatedly, and he said the ruling can be used to open the rivers' full lengths to the public for the first time. The case has been watched closely by landowners and conservation groups throughout the nation, he said, and he predicted it will serve as a model for other states.

Neil F. Woodworth, counsel for the Adirondack Mountain Club, said the ruling recognizes the importance of rivers in modern society. "New Yorkers own about 450,000 canoes and kayaks," he said. "The predominant use of rivers today and going into the next century is recreational."

He said another important aspect of the ruling is its recognition of the public's right to portage around obstacles in a stream, the first time the Court of Appeals has ruled on the issue. "That is a huge victory for the recreational paddler," he said.

The case began in June 1991 with a trip down the Moose River by five Sierra Club members in two canoes and a kayak. The Sierra Club was looking for a test case and it informed the Adirondack League Club (ALC) of the trip in advance. When the trip was over, the ALC sued the Sierra Club and the five paddlers for trespass and sought a declaration that the river was not navigable, which would permit it to keep the stream closed. New York State and the Adirondack Mountain Club intervened as defendants in support of public access.

The Appellate Division, Third Department, ruled on summary judgment that the river was navigable, holding that use of a waterway by recreational boaters was relevant evidence of its capacity for commercial use. Environmental groups hailed that ruling as a major victory.

The Court of Appeals went further yesterday, holding that recreational use alone is sufficient to establish a river's navigability. "[E]vidence of a river's practical utility for transport need not be limited to evidence of its capacity for the movement of commercial goods," it said.

The Court was unanimous in adopting the new standard, but split 4-1 in reversing the award of summary judgment. The majority found there was conflicting evidence regarding the Moose River's suitability for recreational use. Dissenting Judge Joseph W. Bellacosa argued that the river's navigability was clearly established and that the ALC's suit should be dismissed.

In the majority opinion, Judge Ciparick said adoption of the recreational use test was consistent with the Navigation Law and with the Court's common law precedents, which "have as their touchstone the idea that a river must have 'practical usefulness to the public as a highway for transportation.' " She said the "paramount concern is the capacity of the river for transport, whether for trade ortravel."

The ALC was represented by John S. Marwell of Shamberg Marwell Hocherman Davis & Hollis in Mt. Kisco. The state was represented by Assistant Attorney General William S. Helmer; the Adirondack Mountain Club by John W. Caffry of Glens Falls; the Sierra Club by Mr. Gitlen and the individual defendants by Robert J. Kafin of Proskauer Rose Goetz & Mendelsohn in Manhattan.

SPECIFIC RIVERS: Click to jump down to descriptions and news about:

(This calendar is assembled as a public service, using postings from individuals. The sponsors of this website assume no responsibility for the accuracy of the listings, or the quality of the events. Always double-check information before relying on it.)

Races and Competitions:

River Rodeos/Freestyle:

River Cleanups:

River Festivals and Rendezvous.

Conventions, meetings, and classes:

June-August, 2000 -- The Cayak & Canoe Club of New York (KCCNY) is offering a series of one- and two-day clinics one everything from beginning kayaking to river safety and rescue:

• Beginner Training Weekend, June 10-11. Call Marian Greenfield at 908-561-7590 or email msgreenfield@compuserve.com.

• Intermediate Wave Surfing, June 14, 21, or 28. Call Ken Voytak at 973-586-9025 or email kvoytak@bellatlantic.net.

• Advanced Wave Surfing, June 16-17. Call Ken Voytak at 973-586-9025 or email kvoytak@bellatlantic.net.

• River Safety & River Rescue, August 19-20. Call Ed Hanrahan at 973-226-4582 or email EdAnn@home.com.

• Advanced River Running Moves, August 26-27. Call Ken Voytak at 973-586-9025 or email kvoytak@bellatlantic.net.

Other events:

(To post an announcement of a New York river event you are organizing, click to go to: River Rendezvous--State River News--New York River Events. The webmaster will subsequently integrate your information into the announcements above.)