Here in Ks there are only two rivers considered navigable and public including the bank to the high water line. Makes trapping fishing and hunting open to the public on the KAW and Missouri. As I understand it what makes them navigable is they have been used to transport goods for commerce. Missouri is still used.

Daniel Boone was likely not the first and certainly not the only trapper to use the Marais Des Cygne, called the Osage in MO, to transport fur to St Louis. Marais Des Cygne was what early French trappers called it. Swan Marsh in English.

Another is the Arkansas river. Barges still use the Arkansas to travel up to Tulsa. Port 33 and port of Catoosa. Trappers and buffalo hunters hauled skins lots further than that.

It would take a lot of money to get the designation of navigable in court. Any suggestions on how to get the designation a different way?

Getting it declared "navigable" puts it under the Clean Water Act and control of the EPA if they define it as such. More federal control may not be what you are looking for. I suggest you approach the issue on the state level because it is a state regulation that defines what can be accessed by the public. Perhaps instead of using the "navigable" designation to specify which rivers are open to public access try to get your F&G dept to specify the rivers or sections thereof by name.

Not saying I wouldn't like to see more navigable rivers in Kansas. But, I would expect the attempt to meet extreme resistance from farm organizations countered with support from tourism entities. Curious where the Kansas Wildlife Parks and Tourism would fall.

They did. Like I posted Kaw and Missouri are the only two with public access. Marais Des Cygne has a few miles at the Missouri Kansas border on the KS side of the state line.

Orlando, Marais Des Cygne and Arkansas to my knowledge are the only others that can be proven were used for commercial transportation.

Here, wouldn't that be any stream that went under a state hwy?

I see the Arkansas has been added to the list

https://ksoutdoors.com/KDWP-Info/Locations/Rivers-and-Streams-Access

It would be nice if there was some access to the Marais Des Cygne.
Years ago there used to be an access on the Kansas side of state line bridge. I used it quite often. Then from the Mo/Kansas line up to Trading Post became Federal Wildlife Refuge and was closed to ALL activities for several years. Then it was opened up to bird watching and now bow hunting by drawing only. But holy smokes it's worth drawing a permit for. A lot of 180 and up deer on it.
From Trading Post up to Boicourt there's no public access in the form of a ramp. But Kansas did manage to ruin the best crappie fishing ever to make a duck marsh out of Area A. Area B is closed to all access, that always sucked having to call possum cop to escort you to and from your dogs when they got treed in Area B.
There's a public access ramp just north of the Boicourt bridge, but dang there's a bunch of rail iron in the water about a 1/4 mile up river. And another small access on Area G, but you can't get to it from September to March because it's behind locked gates.
Caught many a good fish from Moore's rifle to the Mo/Kan line through the years and on down river in Missouri to Marvel Bridge.
I would welcome more access but I don't see it happening. I don't think the Kansas F&G or the Federal Wildlife folks will let loose of the choke hold they have on that stretch of river.

There is a boat ramp west of 69 highway. It was usable two years ago. Just east of hwy 69 a bunch of rock makes it hard to go east. Hugging the north bank you can squeeze by.

https://ksoutdoors.com/KDWP-Info/Locations/Wildlife-Areas/Southeast/Marais-des-Cygnes

When everything is right its a good place to look for spoonbills.

IMO the whole river should be public access. It was a major route for trade. Indians and nonindians alike.

I agree 100% with you.

Over in Missouri between Butler and Rich Hill is the Old Town Access.
Close to the old Haymaker bridge. That'll put you in good spoonbill territory.
I don't care for eating spoonbill, been spoiled on walleye and crappie for to long.
But I love snagging them. I guess I need to start doing it again to render down some oil for trapping.

Add timber harvest to your riverine use.
This was tried at the Pa Erie tributaries
for fishing access and failed.
The entitled "I don't need no permission"
license holders attitude was the main reason.

Rivers that cross state lines are deemed navigable

https://www.nap.usace.army.mil/Portals/39/docs/regulatory/regs/33cfr329.pdf


Section 329.4 - General definition
Navigable waters of the United States are those waters that are subject to the ebb and
flow of the tide and/or are presently used, or have been used in the past, or may be
susceptible for use to transport interstate or foreign commerce. A determination of
navigability, once made, applies laterally over the entire surface of the waterbody, and is
not extinguished by later actions or events which impede or destroy navigable capacity

My understanding is that the state owns all open water, but not the earth under or around it. Could be wrong though.

Likely have to go through the Army Corpse of Engineers to change the designation, as they will have to administer the regs I think.

BigBob, its state regs that say its trespassing to boat down the river without permission from a landowner on one side or the other. Whether you touch the bank or not. The state says its not navigable in spite of the fact that it has clearly been used for commerce. Under federal law a river IS navigable if it has ever been used for commerce.

I believe a lawsuit in federal court would change that. What would that cost? A million? Half a million? Quarter of a million? I wish there was another way. Even at a tenth of a million its more than I am willing to spend.

I’m not trying to start a fight but you recognize this is hilariously ironic, right?

No I do not. You just have poor reading comprehension

CA AZ CO NM are closed, the result of ballot initiatives. Legal under federal law. No chance I will ever trap any of them again. So why should I care if they sell off public land there? making that river navigable opens up trapping access. so where exactly is the irony??????????????????