Elkhorn Smallies

Discussion in 'Fishing' started by SouthpawTruth, Aug 11, 2018.

  1. SouthpawTruth

    SouthpawTruth Fawn

    Oct 28, 2007
    Lexington, KY
    I’m planning to wade fish a couple spots on Elkhorn Creek over the next couple weeks. Been itching to get a line wet, so I may go tomorrow.
    I’ve only been to the Elkhorn once so I’m pretty green. How’s it fishing this summer? What are they biting? I’ll take my conventional gear but probably take my fly rod too. Any info would is helpful and if anybody wants to join in, let’s go!

    WETWADERS 6 pointer

    Not to be a downer, but if you're wading, I think you need landowner permission. The way I understand the law, you're fine if floating ON the water, but the land UNDER the water is private. That said, if you can seine some small crawdads, or especially some helgramites, you're set. Deep holes and behind big rocks. Good luck!
    SouthpawTruth likes this.
  3. Carl

    Carl 12 pointer

    Dec 1, 2003
    Underground Bunker in KY
    Rough River runs through my property. My deed says the boundary goes to the low water mark. I don't own the river bottom.
  4. xbokilla

    xbokilla 12 pointer

    Jun 28, 2012

    Where ya putting in? What area?
  5. Chilly

    Chilly 10 pointer

    I see people wade fishing behind the hatchery on elkhorn all of the time. On weekends, I think the gates are closed and you have to walk back. Throw anything that resembles a crawdad.
    Good luck!
    SouthpawTruth likes this.
  6. carnivore

    carnivore 12 pointer

    Nov 17, 2007
    Ive always understood it to be... if you can float it, you can wade it.
  7. Chilly

    Chilly 10 pointer

    Not the elkhorn. No trespassing signs all over it.
  8. web splitter

    web splitter 6 pointer

    Feb 3, 2015
    Never heard of such. To my understanding, the bordering property owners have riparian rights which means they have a right to use the creek. But, I don't see how they own the creek bed. They can post no trepassing or private property signs all they want but if you are in the creek, wading or otherwise, they can't do squat.
  9. carnivore

    carnivore 12 pointer

    Nov 17, 2007
    I have not waded the elkhorn in 15 years so i dont claim to be right, did a law change or do people no longer allow waders that used to?
  10. Chilly

    Chilly 10 pointer

    People in that area seem to be aggravated at all of the traffic the creek is getting. I was warned to not get out of my kayak near certain houses along the creek by a tournament director with bluegrass yakmasters. I wondered why. Then I saw the kentucky afield episode and they stated that they had permission to get out of their kayaks and fish from the bank or even standing in the water. Apparently the landowners own the creekbed but not the water. It's really weird. Now I will say this, I have talked to several property owners along the creek and they have all been super nice.
  11. HuntsItAll

    HuntsItAll 6 pointer

    Jan 23, 2009
    A hunters paradise
    Not sure what the actual law on this is either???? I would like to know though. The rolling fork river runs through my property. I own on both sides of the river. My deed doesn't say anything about the waters edge??? This time of year, when the water is low. The ATVs wear out riding up and down the river. It doesn't really bother me much as long as they stay out of my bean field. I have had them come through the river while I was bow hunting the edge of the beans that kinda aggravated me. Also had some guys one time walking the edge of my field squirrel hunting the tree line on the bank. They told me they were allowed to hunt the river, as I didn't own the river. I told them to get their asses in the water, or get off my land.... They left. So if anyone knows the actual law on this, please share.
  12. Brit's and Birds

    Brit's and Birds 8 pointer

    Nov 24, 2008
    Oldham County
    I took a real estate law class in college. If a body of water is navigable by boat, then by law the water and land below it to the average high water mark are public property. Land owners along the Elkhorn can post all the signs they want and throw a giant toddler tantrum, but if you are in the water you are legal. They may try and convince you otherwise, especially if they own the land on both sides, but it does not mean they are correct. Granted this class was 15 years ago, so unless something has changed or if the Elkhorn is not considered navigable by boat, you should be good to go.
  13. WaterDog88

    WaterDog88 10 pointer

    Jul 28, 2008
    Lots of rain. Elkhorn has been running high and cooler for this time of year. Fishing is still decent though. As far as properties are concerned.... To my knowlege, (this is not a legal opinion), Franklin circuit ruled it was a navagable waterway several years ago.
  14. xbokilla

    xbokilla 12 pointer

    Jun 28, 2012
    We’ve had this discussion on here before. Its kind of what you consider navigable water. I spent my childhood wading and boating a couple creeks that were KY River water tributaries. That was the good old days when no one gave two craps. When I read up on the navigable definition(s) most likely I was trespassing. Well I know I was because I entered from private land. Without permission you must enter from public land. Thing is there are many definitions almost as confusing as our vague “Turkey baiting” laws here in KY. To me I would think most of Elkhorn is ok since it has several public entries. I will say that from what I have read “able to navigate a vessel” doesn’t just mean any vessel. Man I long for the good ol days.
  15. mudhole crossing

    mudhole crossing 12 pointer

    Aug 20, 2007
    East ky
    Still is the good ol days here where I live for hunting and fishing for the most part. And people here take advantage of it and they have no idea how fortunate we are.
    Ataulbe1 and xbokilla like this.

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