Does the easement allow access for hunting?
Lawful hunting is a recognized recreational activity under the easement, provided the hunting activity itself is tied to utilization of the water. This requirement may effectively limit use of the easement to waterfowl hunting only because terrestrial game hunting does not require use of the water. Using the easement to hunt waterfowl, however, may be problematic since the easement does not allow the hunter or his dog to leave the waterway to retrieve downed waterfowl. Additionally, hunting may be restricted in developed areas by state and local laws prohibiting the discharge of firearms near dwellings or within municipal boundaries.
