FALLACY OF THE COMITE RIVER

Louisiana Department of Wildlife and Fisheries (LDWF) claims all navigable waterways belong to the state. LDWF has the authority to regulate all activities along all scenic waterways that may cause harm to the ecological regime. This authority should, in theory, provide LDWF the power to stop ATV traffic along the Comite River, but not so fast my friend. LDWF only applies to state owned scenic waterways. Did you read the fine print/hidden meaning of LDWF's authority? If not, don't feel confused, many landowners have failed to recognize the true authority LDWF holds over the Comite River. What authority does LDWF have over the Comite River? NONE, let me show you what is hidden within the fine print.

TRICK TWO

Current Law

§1852. Privately owned streams; copies of rules
A. Recognizing that some few of the streams recommended for inclusion as natural and scenic rivers may not be state owned but owned by adjacent landowners, the state legislature encourages riparian owners to grant to the system administrator scenic servitudes and surface servitudes.

B. Except as provided in R.S. 56:1853 and R.S. 56:1854, no provision of this Part shall restrict the normal activities of landowners within the boundaries of their own property unless a mutual agreement has been entered into with the system administrator.

DEFINITION OF FINE PRINT:

Scenic: If a waterway is designated by LDWF as "scenic" then this designation gives ownership of the waterway to the state. The state can't own a un-navigable waterway because they are privately owned. LDWF can only regulate property that is owned by the state.
Encourages: Louisiana Legislature can only encourage private landowners along scenic waterways to grant scenic and surface servitudes to the scenic system administrator, because they understood that by law only private landowners had the authority over privately owned streams. NOT LDWF
scenic servitudes: a contract between the adjacent riparian landowner and the administrator that shall be in the nature of a development agreement for the purpose of preserving the natural state of the landscape through mutual agreement on the activities which might affect the natural landscape.
surface servitudes: a contract between the stream owner and the administrator that shall relieve the landowner of liabilities and assure the public of access and use of the stream surface. Without surface servitude agreement, landowners are exposed to potential legal claims for damages due to injury on private property along the Comite River
Except: Does not apply to normal activities of landowners along privately owned streams, because they are not owned by the state.
mutual agreement: Without a agreement with the private landowners, LDWF has no authority to regulate private property.

THE TRUTH

Can the state own the Comite River if the landowners own the same river? NO, This is LDWF's grey area because its impossible for both the state and private landowners to own the same property. LDWF can't stop ATV's from riding over private property along the river because they DO NOT own the river. If the state truly owned the river they would have stopped the ATV's without any hesitation. Go ride your ATV on a truly navigable scenic waterway and see what happens. LDWF will arrest you for trespassing on state property. If the Comite River was not alleged to be scenic and state owned, then private landowners would be able to enforce the trespassing law when ATV's travel onto their private property along the river.

How does LDWF claim state ownership of the Comite River? When the scenic system was started in 1970, LDWF provided a list of alleged navigable waterways to the state legislature to be designated scenic. The scenic designation provided state ownership to the bed of the river in order for the waterway to become scenic. LDWF failed to actually investigate whether or not the Comite River was owned by the state. LDWF just took the word of Louisiana's State Land Office and their claim that the Comite River was navigable. LA State Land Office has made the same mistake regarding state ownership of Bayou Dorcheat. SEE, http://www.houmatoday.com/article/20100615/ARTICLES/100619914

Is the Comite River legally navigable? NO WAY! By law a waterway can only be designated as navigable by factual evidence that the waterway must be usable for commerce in its natural state. Has anyone ever seen commercial boats traveling the Comite River? NO

Is the Comite River legally un-navigable? YES, factual evidence shows the Comite is un-navigable. Landowners have a legal description that provides private ownership to the centerline of the river. If the state legally owned the Comite then landowners would have a legal description to the bank of the river, not the centerline, Also, US Army Corp of Engineers designates the Comite River as un-navigable: