The National Rivers Website, Rivers of Virginia:

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!

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John's Creek

Jackson River

First, the good news . . .

American Whitewater, with the help of Lynn and Tim Spangler and Coastal Canoeists, has purchased land along John's Creek to ensure that river users will continue to have access to the creek. Individuals and other groups, like Float Fishermen, helped raise the funds needed for the purchase. The new site has ample parking (an improvement over previous take-out options), and the trees provide a natural barrier to surrounding development.

The bad news is that a landowner along the whitewater section upstream from the new take-out point continues to have paddlers arrested for trespassing, citing a King's Grant that gives him control over the creek itself. A paddler was found guilty of trespass but is appealing the ruling. Meanwhile, a group of land use experts and river enthusiasts are researching the issue. To find out more about either of these topics, write to American Whitewater, PO Box 636, Margaretville, NY 12544, or contact Jason Robertson, Access Director for American Whitewater at Jason@amwhitewater.org or Liz Garland, Conservation Director for Coastal Canoeists, at creeklg@hawksnet.net.

Risking arrest on John's Creek

The American Whitewater Association reports that although water levels are good for paddlers along John's Creek, the legal issues are not. According to the September 8 posting, access to this navigable stream has been restricted by the landowner, who has threatened arrest for trespassers. A hearing has been scheduled for September 20 for an insistent kayaker arrested last March.

For more information on the situation and on how to contribute to a legal defense fund, click on www.awa.org/hotnews/johns.html.

State court blocks Jackson access

Sharon Lloyd passed on this news item about yet more restrictions on Virginia's rivers. The Jackson River in Virginia has been ruled on by State court system to be owned by the land owners (unlawfully I think based on Federal Court rulings in the past) because the land grants and titles were granted by the Crown (England).

This kind Of state level ruling is not uncommon; there are many cases brought before state courts and then over turned by the, or at the, federal level.

The Jackson issue and ruling, I believe, was a result of the lack of resources to properly defend a fisherman's rights and the lack of knowledge of the past federal rulings. The big problem now is the police and courts now use this state ruling for the basis of enforcement for egress, and in many places on the river you will be considered trespassing for passing through an area if a landowner complains, and be ticketed or jailed.

To post your Virginia river news, alerts, descriptions, opinions, or observations, click to go to the River Rendezvous--State River News, Virginia section. The webmaster will subsequently integrate your information into the news and opinions shown above.

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