Since I fish creeks often, it's important for me to know where I can fish in the creek without the possibility of Trespassing. A lot of people think that as long as they are in the creek the landowner can’t say anything. Well a few years ago I find that to be false. I spoke with in person to Charles, the Game Warden for Boone County. What he told me:
If a creek, river, runs thru a landowners property, the only legal way to fish it is 1. Get permission to access the water or 2. Float it. If at any time you are touching the bank, the bottom of the creek, etc you are trespassing. It is still land, just because it’s under water does not mean no one owns it or the state owns it. The deed to their property will mark the property line. As long as the creek is in their marked property line, you need to do one of the above or you are Trespassing.

This also is an issue for waterfowl hunters. If you are in a boat within their property line, you are fine, UNTILL you drop anchor. The anchor will obviously be touching the land beneath you. You are then Trespassing. Just because the land ends and the water begins does not mark the end and beginning of their property line. You have no idea if it does or not, and sometimes the landowner has no idea either. I guess if you want to pursue it, you can get the Game Warden out there and whoever else is needed to determine property line. Personally I would just stay away if a problem arose. It’s not worth getting shot over, even if you are right.

I know there are landowners out there that don’t care if you fish the creeks, drop anchor when waterfowl hunting but there are a lot of landowners that will give you a hard time about this. When I fish 12 Mile, I know my boundaries. There is one lady there that travels her land frequently and does not want any one on her land or in the creek whatsoever. So since she told me this rather bluntly about 10 years ago, I’ve stayed away, even thou it has the 2nd and 3rd best holes on the creek before it hits the river. I’ve talked to the other landowners and they don’t have a problem, as long as I don’t litter and walk the edge of the woods because they hay, I’m all good.