Atlas Twp.- Kearsley Creek meanders through woodlots, farmland, past businesses and under roadways flowing north from Brandon Township toward the Flint area.
Near Green Road just east of M-15, the Creek crosses township native Ron Snyder’s 10 acre homestead. The Creek, winds about 100 feet from Snyder’s home’creating a placid setting, prime for brown trout and his 3-year-old chocolate labrador reteriver, ‘Ginger? to take a swim.
The Creek attracts a variety of wildlife, says Snyder including some uninvited guests who wade into the river from the Green Road bridge just north of his home.
‘I just wish those fishing this section of the Creek would ask me first,? said Snyder, 68, whose grandparents, raised cattle on about 120 acres near his home. ‘Most do ask to fish along here, but sometimes people get belligerent and even have urinated in the stream right in front of our house.?
Snyder’s issues with trespassers along the Creek is not exclusive.
As the population in rural communities like Atlas and Brandon townships increases and the community evolves from agriculture to more residential, access to Kearsley Creek and other creeks statewide have become a point of contention, say state resource officials.
Sgt. Jackie Waber, Department of Natural Resources law enforcement division said cases like Snyders are not uncommon. At issue, says Waber is public access to sections of small rivers and streams that flow through private property or near residential areas.
‘You should ask before you start fishing,? said Waber, a conservation officer for the past 19 years. ‘Bridges over the road do not constitute public access nor do access along the road into the water.?
‘If the landowner feels that there is a trespass occurring, they need file a case in court’it then becomes a case for the judges to decide.?
In the past the Army Corp of Engineers determined if the river was navigable, said Waber. The test if a log can be floated down the river is still part of the test for navigable waters according to DNR cases. But there’s more to it, said Waber the process is rather extensive.
‘There’s often case law that determines if the river is public or not,? said Waber. ‘In the case of Kearsley Creek, where several public access sites are along the banks and trout are stocked in the creek it could become a case for the courts at some point.?
Mark Brownrigg, owner of Brown’s Do-it Center and Sporting Goods in Goodrich says 24 years ago they opened early on the first day of trout season in April for anglers to purchase bait and fishing tackle.
‘The access to Kearsley is gone,? said Brownrigg, who stopped opening early for trout season in about 1990. ‘You just can’t get in the river anymore. Some of the fisherman used to grumble about not being able to fish the creek, but now they’ve gone on to other waters.?
The lack of access to Kearsley Creek has also been considered by the DNR biologists.
‘Our interpretation is that you need landower permission to enter the streams that cross private property,? Joe Leonardi, fisheries biologist for the DNR, Southern Lake Huron unit. ‘The Kearsley Creek has not been determined to be navigable.?
Leonardi said access points around the Brandon schools, along with public access sites in Ortonville provides enough public access sites to justify stocking the Creek with trout each spring. At a cost of about $4,500 the DNR plants about 6,500 brown trout ranging in size from 7 inches to about 7 1/2 inches in the Kearsley Creek each year, he added.
‘Kearsley Creek is marginal trout stream,? said Leonardi. ‘Less than 40 percent of these fish will reach the legal size of 8 inches’many will end up pike food.?
While the Kearsley Creek may lack the prestige on northern Michigan trout waters Leonardi said that it’s important that local trout habitat is maintained in the Clinton River Watershed.
Ed Roden, president of Clinton Valley Chapter of Trout Unlimited agrees and says the accessibility issues with small trout creeks in the area are not uncommon.
Like Kearsley Creek, the Paint Creek a small waterway in eastern Oakland County, which flows from the Lake Orion area to Rochester, has never been used as a navigable river.
‘A group of us from Trout Unlimited walked the entire length of Paint Creek,? said Roden. ‘At one time there were fences over the creek to block fisherman. Today we don’t get a lot of complaints about trespassing, many of the landowners have been very cooperative.?
‘We’ve never been able to challenge the accessibility issue with Paint Creek. If anyone wants to fish in the creek contact the land owners well in advance of your fishing trip. Just do some planning.?