4-Wheeling Hunter on Dry River Bed

February 27, 2014

Question: During the last week of deer season, I approached a man riding a 4-wheeler who was obviously hunting since he had a rifle case. He was riding down the dry river bed for over a mile where it's private property on both sides of the river. He argued with me that he had a right to be there as long as he stayed under the high water mark. I told him he could not be there and could not cross private property at all unless if in a boat and didn't touch the river bar/land. He got huffy with me so I let it go and he proceeded on his way. What is the law when it comes to a river running through private land? (Heather D.)

Answer: This is a very complicated area of the law and will vary based on the characteristics of the waterway, the ownership of the land, the agencies involved and a number of other factors. In other words, before people get on their ATVs thinking they have the right to ride down dry river beds through private property, they should do some research to see exactly who owns or manages the land, what the characteristics of the dry waterway are and be absolutely sure they have a right to be there and won't be trespassing. All situations are not the same and the laws may vary from place to place.

If by 4 wheeler the OP means quad or rhino then unless the land was in an OHV riding park or legal for OHV open area, such as parts of the desert, then it probably wouldn't be legal to ride there. Now if it was a plated jeep, truck, etc then that's different.

The thing about private property and water is that the owner owns the creek bed/ river bed. So being that the person was physically touching the property he was in the wrong. If the creek/ river had water in it and the person was walking thru the water the land they are touching is still the owners. So the only real way to get past that is to be in a boat or something that floats so they are not physically touching the land. Knew a guy that went to court over it and that's what they told him

Cali your spot on on your answer. Here is one for you. A group wants to put a Dock on a local lake. And has to lease the water area from the county. Even when the land under is doesn't belong to the county.

Just a little FYI,
If the river in question is a public waterway with private owners on either side. when the water recedes, you still have the right to navigate through the natural path of the river. As long as you are following the river, with your vessels.
However, be very cautious about confrontation, as a angry land owner with a loaded gun will always win the argument regardless of the law.