This section defines several terms used in the chapter and says certain conservation easements may not give the public physical access.
As used in this chapter, unless the context otherwise requires: “Conservation easement” means a conservation easement as defined in § 66-9-303. No conservation easement obtained pursuant to this chapter shall grant a right of physical access to the public; “Free flowing” means existing or flowing in natural condition without impoundment, diversion, straightening, rip-rapping, or other modification of the waterway. The existence, however, of low dams, diversion works, and other minor structures at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction of such structures within components of the state scenic rivers system; “Public access area” means an area adjoining the river acquired by the state in fee simple; “Public use easement” means a perpetual right in land of less than fee simple which: Obligates the grantor and the grantor's heirs and assigns to certain restrictions constituted to maintain and enhance the scenic qualities of those lands bordering the river; Is restricted to the area defined in the easement deed; and Grants a right of public use but prohibits camping; “River” means a flowing body of water or a section, portion or tributary thereof, including rivers, streams, creeks, branches, or small lakes; and “Road” means highway, hard-surface road, improved and unimproved dirt road. The existence, however, of unimproved roads at the time any river is proposed for inclusion in the state scenic rivers system shall not automatically bar its consideration for such inclusion; provided, that this shall not be construed to authorize, intend, or encourage future construction.