Big Boys Hobbies

Creek detecting (Information Needed)

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natetheslugger0

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So I've done some research on a CW battle. In my research I've found that the battle was fought in this creek. I am wondering if it would be ok to detect on this creek? Im assuming that the property around the creek is owned so would I still be allowed to detect? The creek is in Arkansas. The information would really help out! Thanks!

P.S The creek runs along the black lines.
9D50BC9F-FE95-47FD-B862-D350E44F5F4A.jpg
 
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Each state would have different laws regarding waterways. If a roadway crosses the creek that would be an entry point from which to wade or throw in a kayak then stay in the water.
 
Check with your state Marine resources. Here in Va you have to get a permit to disturb creek bottoms, and also have to have permission from landowners where the creek runs through.
 
ScottNEflorida said:
Each state would have different laws regarding waterways. If a roadway crosses the creek that would be an entry point from which to wade or throw in a kayak then stay in the water.
Click to expand...

there actually is a road that goes over it. But now i’m questioning if there will be any CW items.
 
ScottNEflorida said:
Each state would have different laws regarding waterways. If a roadway crosses the creek that would be an entry point from which to wade or throw in a kayak then stay in the water.
Click to expand...

I will probably head over there soon. So i’ll check with the owner and check the creek.
 
ScottNEflorida said:
Each state would have different laws regarding waterways. If a roadway crosses the creek that would be an entry point from which to wade or throw in a kayak then stay in the water.
Click to expand...

The battle is a bit far but the Confederates passed over the creek while retreating. I’m sure there are some Confederate camps along the creek though.
 
check the county GIS map and look for property lines. I suspect if the property on both sides is owned by same owner, then creek is also owned by the owner.

but you will get the name and address of the owner on the GIS site and then go ask permission. Probably will be an easy permission. also ask for permission to hunt he fields. Random search the fields until you come upon some CW targets and then slow down and hunt that area real good.


good luck.
 
The state of Arkansas owns the river beds of all navigable rivers. If you can float a boat down it (for recreation, hunting, trade, etc.) it is regulated by the State Lands Commissioner. That looks like a mighty small creek very far up in the watershed. I wonder if it even flows year round. Most likely the creek is owned by whoever owns the land beside it. Even it's not, you can bet they think they do. There are some individual cases (Cache River in Woodruff County) where judges have determined that adjoining landowners own the stream bottom even though it is a navigable river. You can float down it, but you can step foot on the bottom or drop anchor without trespassing. That was all about rich landowners and duck hunting. There are other cases (Crooked Creek) where adjoining landowners strung fences across the river to prevent floaters from using it. The law came down on the side of the floaters in that one. Water law in Arkansas is actually very unclear and complicated. Your best bet is to get permission from adjoining landowners unless you like staring down the barrel of a gun.
 
Fredneck said:
.... Here in Va you have to get a permit to disturb creek bottoms, .....
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So .... let me understand this correctly : If some kids go wading, and "disturb" the muddy/sandy bottom of a creek, with their splashing around and wading, then: They need a "permit" , eh ? I don't think so. Nor do I consider md'ing to be "disturbing" any worse than the mere act of wading there, or dragging your fishing lure through mud that stirred up the bottom, etc....

I think that "disturb" thing is no doubt for larger scale stuff, and was never meant to be applied to innocuous things like what we do.

Because, so too does parks , for example, have rules that forbid "disturbing" (or "altering", etc...) . Yet no one assumes that means md'ing, as long as he's leaving no damage, then presto, he has not "disturbED" anything, now has he ? I highly doubt anyone is patrolling creeks and concluding "oh me oh my, that md'r is 'disturbing' the creek bottom "
 
Tom in todays times, with the blithering idiots out there, there is no common sense applied to situations. people have lost their minds and two wrongs have never made a right, but again people have lost their minds. once the situation happens and it turns bad, sometimes there is a point of no return. the laws may be in your favor, but make an idiot understand it.

ignorance can be educated, stupid you just have to live with.

two of my relatives had a pond that was on both of their adjacent properties. one got old and senile and sold out to strangers suddenly and went in a home. . the strangers put a fence down the middle of the pond. posted keep out, and will not share the pond, like the other side is more than happy to do. i guess liability.

the tax digest will show owners of that creek.
 
Environmentally speaking, you are supposed to get state and federal permits prior to screwing around with the banks and streambeds of watercourses. That is probably not much of a factor for normal MDing, minor gold prospecting, etc. Things like starting a placer operation, damming creeks for ponds, diverting water begin to hit the radar screen and I would research the need for permits. Water rights water law and water environmentalism can get pretty intense and expensive quickly.
 
Rock Jock said:
... That is probably not much of a factor for normal MDing, minor gold prospecting, etc. ....
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exactly. I agree. I was having a hard time believing that this "disturbance" verbiage had anything to do with what metal detectors can do.

It is, as you say, for re-diverting waterways, damming up, draining, blah blah.

But with that said, I have no doubt that if enough skittish md'rs went waiving that verbiage while asking "can I?", that some genius in the bureaucracy might say "yes" to the pressing question. Moral of the story ? : Don't ask silly questions :laughing:
 
Tom_in_CA said:
But with that said, I have no doubt that if enough skittish md'rs went waiving that verbiage while asking "can I?", that some genius in the bureaucracy might say "yes" to the pressing question. Moral of the story ? : Don't ask silly questions :laughing:
Click to expand...

Bureaucrats will likely either be outright hostile to MDing, or, if they simply don't know (and many don't, to include police, park personnel, regulators, etc.), neutral (unless they MD.), in which case they will err on the side of caution (protect that pension!) and poo poo the notion, unless they are explicitly familiar with that aspect of the regs/laws. Many (most?) are not familiar with every jot and tittle of the laws, policy and regs of the agencies that they work for. Some have bumped into people that pushed the issue to make a determination and were thusly informed. Then you also have to deal with ephemeral campground hosts and summer volunteers and hirelings.
 
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Don't forget US Army Corps of Engineers Rivers and Harbors Act of 1899 (Federal permit requirements).
 
Tom_in_CA said:
You mean this ? :

https://www.fws.gov/laws/lawsdigest/riv1899.html

If so, then what ... pray-tell, does this have to do with metal detecting ? :?: :shrug:
Click to expand...

Excavation within a navigable waterway. Granted, MDing would be so small they wouldn't care. However at state levels that may be a big deal. In Virginia you need a permit to excavate the river bottom (Virginia Marine Resourses) Below mean low tide state property, both water and the creek bottom. In Maryland it starts at mean high tide. The biggest concern would be digging in or close to an oyster bed. Mapped oyster beds do go all the way to the shoreline in some cases. Just saying. There are MDer's that have permits for MDing in tidal waterways.
 
kweis said:
Excavation within a navigable waterway. Granted, MDing would be so small they wouldn't care.....
Click to expand...

We agree that md'ing does NOT amount to "excavation". But why would you think that states would be different than fed, for this wording/meaning ? I highly doubt any state with this verbiage would consider md'ing to be "excavating" either.

Unless, of course, someone went swatting hornet's nests and got a "pressing answer" to a "pressing question". But seriously, since when does md'ing amount to "excavating" at ANY govt. level ? :?:

kweis said:
.... There are MDer's that have permits for MDing in tidal waterways.
Click to expand...

And I have a sneaking suspicion of how that came to be. Care to take a guess ? I'll bet you dollars to donuts that well-meaning skittish md'rs, at some point in the past, went in swatting hornet's nests. And became victims of the "No one cared till you asked" phenomenon :roll:
 
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