Legal Definitions - posted water

Posted water refers to a body of water, such as a lake, pond, river, or stream, that is privately owned and where the owner has clearly indicated, typically through signs or markers, that public access, fishing, boating, or other activities are restricted or prohibited without explicit permission. This designation serves to enforce the owner's property rights and prevent trespassing.

• Example 1: A Private Fishing Club's Lake

  Imagine a large, pristine lake entirely contained within the boundaries of a private fishing club's property. Around the perimeter of the lake, the club has erected numerous signs stating, "Private Property – No Trespassing," "Members Only Fishing," and "Posted Water."

  Explanation: This lake is "posted water" because it is privately owned by the fishing club, and the signs clearly communicate that public access for fishing or any other activity is restricted to club members or those with specific permission, enforcing the club's private property rights over the water body.

• Example 2: A Farmer's Stream

  A farmer owns a significant tract of land through which a small, winding stream flows. To prevent unauthorized individuals from entering his property, disturbing livestock, or potentially polluting the water, the farmer places signs along the stream's banks at various points, reading "Private Land – Stream Access Restricted" and "Posted Water – No Public Entry."

  Explanation: The stream, despite being a natural waterway, becomes "posted water" because the farmer, as the private landowner, has explicitly marked it to prohibit public access, thereby asserting control over the water body within his property lines.

• Example 3: A Corporate Reservoir

  A large corporation owns a substantial reservoir that supplies water to its industrial operations. To ensure the security and purity of its water supply, and to prevent accidents, the corporation has fenced off the entire area around the reservoir and installed prominent signs every few hundred feet stating, "Danger – Private Property – No Entry," and "Posted Water – Unauthorized Access Prohibited."

  Explanation: This reservoir is "posted water" because it is privately owned by the corporation, and the extensive signage and fencing clearly communicate that public access is strictly forbidden, protecting the corporation's private interest in the water and the surrounding land.