There's a direct correlation between having
boatable flows and the economies of these communities."
Though it has 14,000 acres of
boatable water, the lake is shallow--only five feet deep--and covers remnants of a sunken forest dotted with ancient Native American ceremonial mounds.
Section forty-three stated that "[t]he inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; and in like manner to fish in all
boatable waters, and others not private property." (99) Pennsylvania's Minority Report on the Ratification of the United States Constitution also suggested this same right for inclusion in the Federal Bill of Rights.
Pennsylvania adopted for itself language similar to that proposed by the Antifederalist Minority, adding a provision (Section 43) in the state's Declaration of Rights stating: "The inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; and in like manner to fish in all
boatable waters, and others not private property." (159) Separately, Article XIII of the Pennsylvania Constitution provided that "the people have a right to bear arms for the defence of themselves and the State." (160) The Vermont Constitution similarly provided:
"One is a local buyer; the other is a part-timer from Sarasota who wanted affordable,
boatable waterfront."
Vermont was the first state to guarantee and retain a right to hunt and fish, when its inaugural 1777 Constitution guaranteed that "[t]he inhabitants of this State shall have liberty in seasonable times, to hunt and fowl on the lands they hold, and on other lands not inclosed [sic], and in like manner to fish in all
boatable and other waters (not private property) under proper regulations, to be made and provided by the General Assembly." (235) It was another two centuries before states began adopting provisions guaranteeing hunting and fishing rights on a widespread basis.
Below are the most popular
boatable bodies of water, each with developed boat ramps, marinas, restrooms and campgrounds.
One early source claimed that the Tittabawassee River's 66 miles in Midland were "
boatable for 40 to 50 miles above the river's junction with the Chippewa and Pine Rivers." (14) River transport was a relatively inexpensive antebellum alternative in the face of the near absence of a road infrastructure.
For example, in a well-funded study that employed in-person interviews, Carson and Mitchell (1993) thoroughly describe baseline national water quality as "not
boatable" and improved water quality as "
boatable, fishable, and swimmable" using visual aids and extensive text.
(46) The Vermont constitutional provision still exists, providing: "The inhabitants of this State shall have liberty in seasonable times, to hunt and fowl on the lands they hold, and on other lands not inclosed, and in like manner to fish in all
boatable and other waters (not private property) under proper regulations...." (47) The Supreme Court of Vermont has recognized that Vermont's constitutional provision changed the English law by "extend[ing] rights to citizens which the common law had not recognized" and by "recogniz[ing] rights to hunt and fish ...
Of course, given a good rain, some New York rivers will rise to
boatable levels even in the summer.
Table 37 The impact of the Clean Water Act on river quality Swimmable Fishable
Boatable but not but not No use swimmable fishable supported Percent change in miles relative to position without Act All rivers With Clean Water Act 7.4 4.6 -5.3 -12.2 With zero point emissions 15.0 5.3 -11.0 -20.6 Rivers in populated areas With Clean Water Act 11.5 7.9 -15.0 -31.1 Rivers in rural areas With Clean Water Act 3.1 3.0 -2.1 -6.6 Note: The estimates are based on simulations from the National Water Quality Pollution Control Assessment Model and assume constant emission intensities in polluting activities in the absence of the Clean Water Act Water use categories are defined in terms of ambient concentrations that allow activities to be undertaken safely.