Board passes free and open public waters for Craig’s Creek
The “battle for Craig’s Creek,” as some northern Botetourt County residents have called a lawsuit filed in Craig County, reached the Board of Supervisors on Tuesday, February 28, 2023 during the monthly meeting. The Board met at the Botetourt County Administrative Center in Amsterdam.
The Board passed a resolution supporting “free and open public waters” as a response to the case of Briar Oak Properties, LLC and Briar Oak Farms, LLC v. Virginia Marine Resources Commission and the Commonwealth of Virginia.
In the case, the plaintiffs, Briar Oak, claim, “the right to “exclude others” from the Creek and the use of the same, thereby claiming the right to control passage and use of a navigable thoroughfare.” The county’s resolution states that this would, “damage the commerce and trade” of Botetourt County, as well as the Commonwealth, because Craig Creek (aka Craig’s Creek) is a navigable waterway and has been for, “centuries.”
Navigable waters are controlled by the Commonwealth via the Virginia Marine Resources Commission. It regulates creeks and rivers that are navigable and there is a presumption that the Commonwealth owns the river bottoms and right to fish in these waters. This makes navigable waterways open to the public.
Should the plaintiff in the case win, floating the creek as many folks have done for their lifetimes would become impossible, as they could not float past the land in question. Additionally, other landowners could follow suit and close off the creek to all travel.
The County’s resolution states that closing Craig’s Creek would damage the commerce, travel, and trade of the county and the state. It additionally would damage the health, safety, and general welfare of the inhabitants of the county and the state.
The resolution opposes any legal ruling that results in the closure of navigable waterways, and went into effect immediately.
— Anita Firebaugh, Special to The Botetourt Bee
