Where kind of waters does the easement apply to?
The easement is limited to what the Supreme Court refers to as “state waters.” State waters are natural lakes and natural flowing rivers, streams, and creeks located on private land. For the easement to apply, a watercourse must have sufficient water to support lawful recreational activities. There is no right of access in waters diverted away from natural waters, such as diversion works, canals, ditches, man-made streams, flumes, off-stream reservoirs, etc.
