On August 29, 2006, James overruled United States Magistrate Judge James D. Kirk, who wrote that Federal law "...entitles the public to the reasonable use of navigable waters for all legitimate purposes of travel or transportation, for boating, sailing for pleasure, as well as for carrying persons or property for hire, and in any kind of watercraft the use of which is consistent with others also enjoying the right possessed in common." The holding confirmed that it was criminal trespass for boaters to enter property above the ordinary high-water mark of riparian landowners to fish or hunt without permission.[2] Strictly interpreting Federal law, James said that "the public has no 'right to fish and hunt on the Mississippi River.'" [3] The original case was the result of the arrests of several anglers who were fishing in Mississippi River floodwaters, which had covered the private property of the Walker Cottonwood Farm.[4] The case shows that the public trust rights associated with navigable waterways do not extend to "flooded" areas.
