McKissic Creek Centerton

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Schildwache
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McKissic Creek Centerton

Post by Schildwache » Thu Jan 31, 2019 3:53 pm

Does anyone have experience paddling or knowledge of the navigability of McKissic Creek upstream of Bentonville in the Centerton area. A family there apparently would like for their kids to be able to paddle the stream, based on Ark vs McIlroy, but another landowner claims that a small dam and impoundment renders that argument invalid. The presence of a dam on a stream seems to me irrelevant in a determination of navigability. It may be that McKissic Creek is just not floatable enough time to be considered navigable. Thoughts?
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Re: McKissic Creek Centerton

Post by greg vanhorn » Thu Jan 31, 2019 6:18 pm

SUP’s weren’t around when State vs McIlroy was decided. Kayaks weren’t mentioned either.
New equipment changes what is navigable it seems.

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Re: McKissic Creek Centerton

Post by Schildwache » Thu Jan 31, 2019 11:53 pm

Some equipment might make navigability more accessible due to shallower draft, but wouldn't change the basic concept of navigability including recreational use. My question is, is it still considered navigable if it is floatable, for instance, only at hundred year flood stage. If not, at what point is it; three months of the year, six?
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Re: McKissic Creek Centerton

Post by Cowper » Thu Feb 07, 2019 10:50 am

My understanding of the McIlroy decision is that it changes what MAY be declared navigable, but also clearly says rulings must be made on a case-by-case basis, by a court. I try to bypass a lot of what that implies by making friends with the landowners, letting them know I'm PICKING UP litter, not leaving more, etc. This usually works like a champ.
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Re: McKissic Creek Centerton

Post by Kurt » Fri Feb 08, 2019 8:29 pm

McKissic creek probably was floated at some point. Certainly not common. Arthur Bowie is probably most likely to know if it was run historically. Currently it would be very difficult to run without having to deal with man made obstructions and multiple landowners.

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