As the population in North Carolina’s western mountains grows, so too does interest from private entities in laying claim to public water access. For decades, anglers have dealt increasing harassment from landowners that are ignorant of the public’s rights on public trust waters. The ability to recreate has always hinged on the question of navigability, and those rights include access to, and use of the streambed. If a waterway can be floated across by any means of conveyance, in North Carolina it is considered navigable by law, and therefore the bottom is pubic ground. Now, a lawsuit filed against the N.C. Wildlife Resources Commission by a private property owners association near the city of Boone, seeks to upend that cherished birthright.

During the summer, the NC Chapter learned of Twin Rivers Property Owners Association’s filing against the NCWRC. In it, the complainants argue that a section of the Boone Fork, a tributary of the Watauga River that flows through land owned by the association, should be re-classified as non-navigable, and therefore removed from the public trust. At the judge’s order, Boone Fork was closed to all public usage until the matter is resolved, and it remains closed to the public at the time of this writing.

American Whitewater, a national advocacy group for paddlers, moved quickly to gain standing in the suit. They collected dozens of videos and affidavits from people who have paddled Boone Fork, and by doing so proved its navigability. With such proof entered as evidence, Twin Rivers’ attorneys filed an amendment to their motion, signifying paddlers were now welcome back on the Boone Fork, but wade fishermen were to remain banned under the court’s order.

Now, another amendment has been filed by the property owners and it is more far-reaching than just a local tussle over water access. The new Sept. 6 amendment states that Boone Fork’s navigability should no longer translate to other public rights to outdoor recreational pursuits and that the streambed, in this instance, belongs to the private landholders.

All that background sets the stage for the court hearing in Waynesville on Sept. 20. Barring legal council and standing in the case, the Chapter is rallying its forces to sound the alarm. They’ve been hard at work contacting and briefing local newspapers on the situation and writing letters to the editors. The group’s social media posts have gained traction with the regional outdoor community and it seems likely some number of folks will show up to the courthouse Friday in support of NCWRC and American Whitewater. While a decision by the court in favor of decoupling navigability from ownership of the streambed would not automatically change North Carolina’s law governing public trust waters, it would set a dangerous precedent for other, future lawsuits that would undoubtedly follow as high-dollar, gated communities rush in to take similar action and wrest creeks and streams from those who would fish or swim or weigh anchor.

To all Backcountry Hunters & Anglers chapters out there fighting this fight, we stand with you, as we know you stand with us.