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Q: federal & state of Alaska water laws ( Answered,   0 Comments )
Question  
Subject: federal & state of Alaska water laws
Category: Reference, Education and News
Asked by: bushpilot-ga
List Price: $50.00
Posted: 26 May 2005 15:25 PDT
Expires: 25 Jun 2005 15:25 PDT
Question ID: 526070
I am a float plane pilot in Alaska. Flying into a small town in
Southwest Alaska (Bethel Alaska), i parked my plane at the entrance
of the 'small boat harbor' which is on the main river called the
Kuskokwim River, the 2nd biggest river in Alaska.

The local police gave me a ticket for parking there. However, i know
for a fact that both state and federal laws overrule local community
laws and state as long as a craft
is below the high water mark, its state or federal jurisdiction. So
the local cop (which he entered my plane illegally without a search
warrant to place the ticket inside rather then outside) is out of his
jurisdiction.

Keep in mind that an airplane is not considered an airplane until its
in the air. Its considered a watercraft when on water.

I would like complete copies of both State of Alaska and USA Federal
Laws outlining high water mark and access to navigable waterways.
Answer  
Subject: Re: federal & state of Alaska water laws
Answered By: jackburton-ga on 26 May 2005 17:51 PDT
 
Dear Bushpilot,
  
  
Alaska Administrative Code / Alaska Statutes
--------------------------------------------
  
11 AAC 51.990. Definitions
http://touchngo.com/lglcntr/akstats/AAC/Title11/Chapter051/Section990.htm
  
(9) "ordinary high water mark" means the mark along the bank or shore
up to which the presence and action of the non-tidal water are so
common and usual, and so long continued in all ordinary years, as to
leave a natural line impressed on the bank or shore and indicated by
erosion, shelving, changes in soil characteristics, destruction of
terrestrial vegetation, or other distinctive physical characteristics;
 
 
AS 38.05.965. Definitions.
http://touchngo.com/lglcntr/akstats/Statutes/Title38/Chapter05/Section965.htm
  
13) "navigable water" means any water of the state forming a river,
stream, lake, pond, slough, creek, bay, sound, estuary, inlet, strait,
passage, canal, sea or ocean, or any other body of water or waterway
within the territorial limits of the state or subject to its
jurisdiction, that is navigable in fact for any useful public purpose,
including but not limited to water suitable for commercial navigation,
floating of logs, landing and takeoff of aircraft, and public boating,
trapping, hunting waterfowl and aquatic animals, fishing, or other
public recreational purposes;
  
 
11 AAC 51.035. Determination of Navigable and Public Water
http://touchngo.com/lglcntr/akstats/AAC/Title11/Chapter051/Section035.htm
 
AS 38.05.126. Navigable and Public Water
http://touchngo.com/lglcntr/akstats/Statutes/Title38/Chapter05/Section126.htm
 
AS 38.05.127. Access to Navigable or Public Water.
http://touchngo.com/lglcntr/akstats/Statutes/Title38/Chapter05/Section127.htm
 
AS 38.05.128. Obstructions to Navigable Water.
http://touchngo.com/lglcntr/akstats/Statutes/Title38/Chapter05/Section128.htm
 
 
 
Code of Federal Regulations
--------------------------- 
 
Title 33 Navigation and Navigable Waters
http://www.washingtonwatchdog.org/documents/cfr/title33/
  
PART 328?DEFINITION OF WATERS OF THE UNITED STATES
http://www.washingtonwatchdog.org/documents/cfr/title33/part328.html
  
PART 328?DEFINITION OF WATERS OF THE UNITED STATES 
Sec. 328.4	Limits of jurisdiction
http://www.washingtonwatchdog.org/documents/cfr/title33/part328.html#328.4
  
PART 329?DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES
http://www.washingtonwatchdog.org/documents/cfr/title33/part329.html
  
PART 329?DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES
Sec. 329.11	Geographic and jurisdictional limits of rivers and lakes.
http://www.washingtonwatchdog.org/documents/cfr/title33/part329.html#329.11
   
   
 
I hope this answers your question.
 
If anything is unclear, please request clarification.
 
 
Best regards,
 
Jackburton
Google Answers Researcher
 
 
 
  
--------------------------- 
Search terms used:
"ordinary high water mark" waterway alaska
inurl:touchngo.com "water mark"
navigable public water "united states"
inurl:washingtonwatchdog.org "water mark"
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