It was reported this morning on WAMC's North Country News that a state supreme court judge has upheld the Department of Environmental Conservation's position that if a stream is navigable, paddlers have the legal right to use it. The decision came in a lawsuit brought by the Brandreth Park Association against Phil Brown, the editor of the Adirondack Explorer. In 2009, Brown wrote an article for the not-for-profit magazine recounting his experience canoeing in the Adirondacks, from Lake Lila to Little Tupper Lake. His route took him across Brandreth land, where "No Trespassing" signs had been posted and a cable had been stretched across the stream. With the article as evidence, the Brandreth Park Association sued Brown for trespassing, but the judge maintained that Brown had the right to paddle on the Adirondack stream and ordered the landowner to stop posting signs to deny access to the waterway. Click here to listen to the entire report.
The decision obviously has relevance for kayakers who venture into Holcim-owned South Bay and take photographs like the one reproduced here.