This year I have a new place to hunt, and one of the property lines is a creek. It is probably 75 yards wide at the widest, with a sandstone bottom and several sandbars, and not very deep when the water is down. The other side of the creek opposite of where I will be hunting is a different piece of property under different ownership. There is a 200-250 yard long section of the creek that seems like a perfect spot to sit in the morning on the bank and see if the deer were crossing, almost like hunting a power line. My question is, what is the legality of this? Would I be in the clear to shoot a deer as it was crossing the creek assuming it was not on the other property?

You can't shoot it while it's in the water if it is swimming, but if it's on your property, why wouldn't you be able to shoot it? Maybe I'm reading the question wrong.

Generally speaking, if it's "navigable" then you technically could shoot the deer if it is crossing the creek.

If it's not a navigable body of water then the property line would be roughly in the middle of the creek separating your property from the neighbors

Navigability depends on a series of factors. Just google it. It's a federal "test."

However, I seem to remember a law prohibiting shooting deer/turkey whenever they are "taking refuge" in certain waters? Maybe someone can double check on that.

AL Administrative Code:

220-2-.11
Subsection (6) From floodwater. It shall be a violation of this
regulation to hunt or attempt to hunt or take any species of
resident bird or animal taking refuge in, swimming through,
flying over, or resting in a tree, bush, or log standing or
floating in any floodwaters or backwaters or taking refuge on
any island less than forty acres in size created by any such
flood or backwaters. Provided, however, that nothing in this
regulation shall prevent the taking of migratory waterfowl from
such areas.

The deer would be basically up to its knees in the deepest part, but I was mainly concerned because I didn't know if there was a law against shooting a deer within a certain boundary of the creek, like there is within a certain distance of a road.

That law is concerning floodwaters. I don't think it would apply to anything in his situation

Neighbor across creek may be doing same only facing you

I was just thinking that. I would be careful, honestly I don't think deer will be hanging around long enough for you to get a shot off in that situation. But then again, it is possible, just have to be on your A game.

You would be surprised. One of the most fun stands I’ve ever sat on is on Cedar Creek in Dallas County. You can see about 400 yards and they take their time crossing the creek

guide says its illegal to take a deer, whether dead or alive, from the waters of this State. would a creek count? guess it would depend on if the deer was walking on the bottom or actually having to swim

More than one GW has said that if you shoot a deer and he makes it to the water and you don't try to recover it you are an IDOT. I shot one that fell with it's head in the creek on public land. Guy told me I had to leave it since it was in the water. I told him to pound sand. He was at my truck when I got there. He said I have the GW on the phone he will be here in 5 min. I chilled on the tail gait. GW was threatening to cite the guy for harassing hunters when I left. Yea not ethical to kill one swimming a river. Not ethical to not recover one that dies in the water either.

as long as the deer is not swimming you'd be ok . imo !!!!

if they would write you up for the deer being in a shallow stream he would write you up if it was standing in a mud puddle

the law says you can't take it from "public" waters .

Section 9-11-80
Public and private waters defined.

(a) All waters of this state are hereby declared to be public waters if such waters are natural bodies of water such as rivers, creeks, brooks, lakes, bayous, bays, channels, canals or lagoons or are dug, dredged or blasted canals and if these waters traverse, bound, flow upon or through or touch lands title to which is held by more than one person, firm or corporation. Any water impounded by the construction of any lock or dam or other impounding device placed across the channel of a navigable stream is declared a public water. All waters caused to be impounded or owned or leased by any municipality, county or other governmental unit are also declared to be public waters; likewise, all impoundments owned or operated by public utilities when such impoundments touch or bound lands title to which is held by more than one person, firm or corporation are declared to be public waters; provided, that before any person may go or be upon the posted lands of another for the purpose of fishing he shall procure the consent of the landowner or his agent.

(b) Private waters are defined as any body of water wholly on lands held in fee or in trust or under lease by any one person, firm, corporation or club and include impoundments that are wholly on lands held in fee or in trust, or under lease by any one person, firm, corporation or club, and regardless of the extent of the impounded stream, provided such stream is nonnavigable.
(Acts 1933, Ex. Sess., No. 72, p. 67; Code 1940, T. 8, §68; Acts 1943, No. 553, p. 541, § 1.)

the GUIDE for the most part gives you a summery of the law not the law . you want the law go here http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm

title 9, chapter 11 is where the hunting trapping fishing laws are

ya'll listen to Frankie, fk that "guide".

so since this creek in question is bordered by more than one person its public water? deer cant be taken from public water according to the law right? so hunting this particular creek would be illegal according to this

why even ask here just go hunt it

GKelly ,,,,,,,as the law is wrote , it'd be illegal to shot him in the water .

just Do It !