Highway 20 access on the lower Yuba river.

"All,

Sending this information out as a frustrated angler. Our access to the Lower Yuba River in Smartsville, CA is again being challenged by an additional gate on the north bank of the Hwy-20 Bridge. Sending this to you all as general information. Hopefully it can find a way into the hands of someone who can help, or at a minimum explain to the public what has happened.

From what I can tell from the public records, the road where the gate was placed is a public road and owned by Yuba County. No record is returned on the county record search page, which is typically an indication of County/Gov't Ownership. However, it appears in February 2024, APN-006-180-062-00 was purchased. This parcel cuts off access to the high water mark between the river and the aforementioned county road. I do not have access to ArcGIS to present a better map, so please see the attached links for reference.

Simply yelling into the void as the Lower Yuba is becoming accessible only to those with private property access and/or a membership to the private fly fishing club. This gate coupled with the County's closure of Hammonton Road is a definite blow to the walk and wade angler for this section of great water.

Tyler Thomas"


Attachment 20333

Only takes a few to ruin it for everyone else.

sometimes the answer is ........who benefits from all these closures?. There Truckee river was first and now the Yuba. Pretty soon the rivers will be divided in "beats" and we will be paying for the right to fish that section of the river.

On the positive side, there is an organized group by the name of Truckee River Public Water that has been formed, and is a 501c3 group. They are happily accepting donations to fund the cause. Thus far, they have succeeded in establishing a dialogue, as well as public meetings with all appropriate stakeholders. They have been successful in having Nevada County, stake off the actual public area of the river and roadway around Hirshdale. The landowner has been forced to remove several boulders he had placed in areas which were actually on public land! Much more work is now being done in defining the real, actual mean high watermark, etc.. Guide Matt Kole's has bee very visible and involved with this group.

The individual who has bought the land around Hirshdale is Randall Mezger. Much of what he has done is within his legal right as landowner. Some is not, and he has been very aggressive in enforcing what he sees as his legal right. Randall is a contractor and Truckee resident. If you do not believe in his stance, maybe you never hire him for any work!

Mogaru,

And to your point about fishing beats, as I understand it on the Yuba, there are now 3 fishing “clubs” up there where you pay to play for fishing above the HWY 20 bridge. So to your point, that is very much what is happening up there. There has been a ton of conversation and speculation about what has happened with the gate that has been installed on Parks Bar Road,blocking the former fishing access site. The unfortunate reality is probably until an individual ponies up some $ to employ a real estate attorney to clarify the legality of what has occurred up there, nothing changes IMHO.

On the Lower Yuba River during the drought of the 1970s, Joe Paterson (Cortland Rep) and Wally Westlake (Pro baseball)

discovered good insect hatches during the low flows of winter and early spring with wild trout and wild steelhead feeding on top.


Joe Patterson told us, at my fly shop, about their discovery of this fishery. Normal winters and springs on the Yuba were higher when

all this was going on. This was about 50 years ago and we all started fishing there with little or no knowledge. We could drive into the

Yuba Gold Fields for $2.00, park and hike upstream towards the Hwy 20 bridge. Al Perryman and Ed Letrell had been going up there

and catching trout and winter steelhead on large dry flies that imitated the Skwala stone flies.

_______________________________________

You can imagine how easy it was, 50 years ago, to get into fly fishing. Back then, we almost always caught fish.

_______________________________________

Some good fly fishers of the 'Great Generation' founded the 'California Fly Fishers Unlimited' in the 1960s, which was an important part

of getting fly fishing going, in and around Sacramento, California. They influenced us younger 'Baby Boomers' and even took us

fishing on monthly, weekend, club outings.


.

Quote:

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Originally Posted by Bill Kiene semi-retired

"All,

Sending this information out as a frustrated angler. Our access to the Lower Yuba River in Smartsville, CA is again being challenged by an additional gate on the north bank of the Hwy-20 Bridge. Sending this to you all as general information. Hopefully it can find a way into the hands of someone who can help, or at a minimum explain to the public what has happened.

From what I can tell from the public records, the road where the gate was placed is a public road and owned by Yuba County. No record is returned on the county record search page, which is typically an indication of County/Gov't Ownership. However, it appears in February 2024, APN-006-180-062-00 was purchased. This parcel cuts off access to the high water mark between the river and the aforementioned county road. I do not have access to ArcGIS to present a better map, so please see the attached links for reference.

Simply yelling into the void as the Lower Yuba is becoming accessible only to those with private property access and/or a membership to the private fly fishing club. This gate coupled with the County's closure of Hammonton Road is a definite blow to the walk and wade angler for this section of great water.

Tyler Thomas
916.813.1908"


Attachment 20333

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That is illegal. Walk around it. The sheriff will not enforce it and the State and County will cite whoever put it up and require it be taken down. Please report this to Sheriff and CDFW. If that is the road I think it is, and done by same owner of Nordic, he risks revocation of his permit (streamed alteration agreement).

I just filed a complaint to the County including a link to this thread so my expectation is whoever did this will have to open it (as in immediately), remove the sign, and eventually take the gate out at their expense. Again (this has been done at least once before). The County and CDFW dealt with it and they were not pleased.

Nordic Industries, if they did this, get's nearly all of their business from providing materials and services to the State and Federal governments various projects, including the American, Sacramento, and Napa Rivers recently. Their permits include those issued by CDFW. I have no idea what they could have been thinking if it was them who put it up, but they must have been involved because their vehicles travel through there continuously. This needs to be corrected at once.

Quote:

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Originally Posted by mogaru

sometimes the answer is ........who benefits from all these closures?. There Truckee river was first and now the Yuba. Pretty soon the rivers will be divided in "beats" and we will be paying for the right to fish that section of the river.

---

Hopefully, fishermen in this case; and not whoever put this gate up.

Thank you for doing this.

Quote:

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Originally Posted by timmosazz

Thank you for doing this.

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Unfortunately, I followed up and it is closed and the Public access not preserved, actually intentionally closed. It is the County's road, and it was the County that put this gate up. I will can only summarize the conversation I had with the sheriff deputy:

-it is a County Road
-the gate/sign was put up by Yuba County, with permission of the board of supervisors.
-he says there is no legal access to the Yuba River at Highway 20. I disagreed with this, as I believed - and had seen in maps awhile ago - the an easement associated with Highway 20. What's more - when the last such gate was removed, for blocking fishing access, it was done on the basis of this easement. Kept talking to me about some "onyx" program where he could see ownership. Says the highway is above the river. Which it is, but, there always has to be - and there is - a Public easement for the highway on the ground below it. Anyways, we disagree on this.
- there was actually a bar mounted on the guardrail to assist people who wanted to carry boats from under the bridge to the river.
-said he, or CDFW, has been issuing trespassing citations to fishermen along the river for last 2 years.
-at first said that it was due to poor road conditions, but then, when focusing on the north side of the river, where the road is in much better condition, the deputy said it was due to people taking their OHV's down there and people trespassing in the quarry. I noted that I had never seen OHV's on that side but he said he had.
-he made reference to the only people allowed are fishing clubs.

This probably is something that needs to be taken up, higher up, within CDFW to resolve.

Thank you for all of the information and clarifying this issue.

Well, the facts don't jive, and I intend to follow up with the warden, who the deputy name dropped. The deputy is Halsey, and the warden is Sean Pirtle. Specifically,

1. The highway easement exists and can be used by the public.

2. That doesn't look like a County sign or gate, it says Private Road.

There's no Public outreach about the closure, no record anywhere that Yuba County supervisors have anything to do with this. At the very best, it is bad decision making at the County level in conflict with State law governing Public use of legal easement. But possibly worse, as in Nordic slapping up a gate and there ya go, License holders. I will inquire further. Stay tuned.

Thank You.

Quote:

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Originally Posted by timmosazz

Thank You.

---

After considerable effort, I was able to reach a live person, and this matter has been referred to the Warden. A well known Public fishing access, off a PUBLIC ROAD and an EXISTING highway easement (not Private, no matter what the sign says) printed in the regulations for decades, being gated off. No interpretive sign, no indication on the sign this was done by the County. Just slap it up and let fly fishermen look at it and wonder. I do not believe there is any chance it is legal.

If this was known prior by CDFW and Yuba County - which I seriously doubt it was- it occurred suddenly and without outreach/notice to circa 2 million license holders.

Hopefully, my next post will be a CDFW link to an explanation as well as restoration of access to this important and shared resource.

I really appreciate your effort and persistence, amoeba.

Just FYI, I had contacted SYRCL a couple of weeks ago, and here’s part of the reply I just received. I have also asked Aaron to post any updates to this Forum.

————————
The gate on the north side of the river, the one you have a photo of, was installed by a private citizen. When I last communicated with Jon Messick, Yuba county board supervisor, about it (a few months ago when it first went up) he was unclear whether it was legal or not based on Jon’s uncertainty as to whether the road was owned by the County or if it was a privately owned road.

We are not working with a lawyer about this, but are working with partners and land owners to develop a plan for free, safe, public access to the lower Yuba including boat trailers. Frequently when we have updates on this topic we’re sharing that information with Gold Country Fly Fishers and Granite Bay Fly Casters. Updates aren’t frequent at this point as we’re just laying the groundwork, but being keyed into one of those local clubs will be a good way to stay informed as things develop.

Best,

Aaron Zettler-Mann Ph.D.
Executive Director
South Yuba River Citizens League
313 Railroad Ave Suite 101, Nevada City, CA 95959
(530) 265-5961 x221 | aaron@yubariver.org

Wow! Very interesting to say the least!!!! My Hunting Points landowner app shows Parks Bar Road as part of the State of California land for Highway 20, possibly because at one point in time, the road was actually Hwy. 20. I find it very interesting that parties who should know so much about the legality of this gate and public road seem to know nothing???? Very peculiar.

The app also shows all land between Parks Bar Road and the river as being privately owned. Apparently for years trespassing was allowed by the prior landowners. That now seems to have changed and would make any easements the only was to access the river from Parks Bar Rd. unless the landowners began allowing trespass rights.

Quote:

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Originally Posted by yubaman

Wow! Very interesting to say the least!!!! My Hunting Points landowner app shows Parks Bar Road as part of the State of California land for Highway 20, possibly because at one point in time, the road was actually Hwy. 20. I find it very interesting that parties who should know so much about the legality of this gate and public road seem to know nothing???? Very peculiar.

The app also shows all land between Parks Bar Road and the river as being privately owned. Apparently for years trespassing was allowed by the prior landowners. That now seems to have changed and would make any easements the only was to access the river from Parks Bar Rd. unless the landowners began allowing trespass rights.

---

Landownership isn't at issue. The highway 20 easement was purchased by the State of California. Parks Bar Road is old Highway 20 and is also owned by the State of California. An "easement" is not the same as "ownership", however, the "easement" means that the landowner no longer controls access.

I will be making further inquiries.

Quote:

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Originally Posted by amoeba

Landownership isn't at issue. The highway 20 easement was purchased by the State of California. Parks Bar Road is old Highway 20 and is also owned by the State of California. An "easement" is not the same as "ownership", however, the "easement" means that the landowner no longer controls access.

I will be making further inquiries.

---

CDFW did return my call, invited me to send an email, which will be forwarded to other staff. And, now there is conflicting information as to who put the gate up, the County with the prior consent of the Board of Supervisors (as Deputy Halsey through the County dispatch, and Halsey himself) or a "private citizen" who lone-wolfed it and Supervisor Messick wasn't sure it was legal (SYRCL's Aaron Zettler-Mann, see Kondo's reply). Forgive me, this is making less sense by the day.

Very reminiscent of 2004-2005 (best of my recollection), when a similar gate was put up just west of Hwy 20 bridge overcrossing. That was absolutely Nordic Industries that did it then; the clear intent was to prevent fishermen from walking the legal Hwy easement. CDFW did get the gate open, and removed, in rather short order (days-weeks). Those who remember the site know there is a bar welded on top of the guardrail, specifically intended to assist people carrying small watercraft down to the water.

This is not a new issue but it is the same people. That, and repeating past offenses, lack of Public disclosure of any kind, violating laws, misinformation (especially from County staff), does not bode well for developing any plan by merely working with them. The state we are in today with that access after over twenty years of gates, barbed wire (within OHW), and signs, proves that. Accountability might.

Sure am glad I saw this I almost made the drive to fish here last week. Hoping it gets opened back up soon.

After reading all of this, I would bet the ranch, and all cattle and horses, that someone of responsibility in Yuba County knows what the hell is going on here. I bet their hope is that they can soft shoe this past a few fly fishermen. There is just NO way that no one knows nothing about this gate. Man, I am dying to hear the real story here . . .

Quote:

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Originally Posted by yubaman

After reading all of this, I would bet the ranch, and all cattle and horses, that someone of responsibility in Yuba County knows what the hell is going on here. I bet their hope is that they can soft shoe this past a few fly fishermen. There is just NO way that no one knows nothing about this gate. Man, I am dying to hear the real story here . . .

---

My best guess is the situation is completely FUBARd (someone just put up a gate). Last time this happened it took at least a few weeks to have the gate removed (via cutting torch from the looks of it, wish I was there with a camera); I do recall CDFW was involved then.

I just sent an inquiry to CDFW summarizing the matter, with a link to this thread, with a request for investigation/enforcement and disclosure.

Hopefully we will know something soon and, even more hopefully, it will be good.

Over my lifetime, access to fishing, hunting, and other outdoor adventures has been shrinking.



In the 1960s, we drove around Sacramento, during pheasant season.

We would stop and ask a farmer if we could hunt his fields and most said "Good luck, boys."



Back in the 1970s, the mouth of the Feather River, near Verona, was undeveloped and wide open to anyone.

We could drive off the levee road and park down near the water.

Old fly fishers from up and down the Valley wade fished there for Shad and Stripers.

Back then, the few boats that were anchored out in the Sacramento River were fishing for Stripers with sardines.

Some of my best memories were at the mouth of the Feather River, wading on the sand bar.



Back in the 1970s, Joe Shirshac would take me to the Trinity and Klamath Rivers.

We stayed in his old travel trailer, picked apples and berries, and cooked with a Crock Pot.

We watched the accesses go away on the Trinity River as they built homes along the river.

Back then we never saw anyone float the Trinity River, probably because access was so good.



Even here in Florida, access is being shut off, much because of developments and liabilities.

Just now we are seeing the nice Atlantic beach accesses, with bathrooms and parking, saying, "No Fishing" now.


This is why floating rivers is so popular today.

Hi Amoeba, and all others,

I am an attorney who has fished the Yuba extensively in the past. I am in Sacramento. If anyone who knows the information relating to this issue wants to work with me on the background, I am happy to file a lawsuit against whomever is responsible, do the discovery to find out the true facts, and then get the court to grant access if that is consistent with California law. Please respond with your phone number and I will call so we can arrange a meeting to discuss.

Let's give it a few days. I'll follow up with CDFW. Go from there.

Amoeba thanks for your time and determination. I just sent an email to Yuba city county public works inquiring about this situation. This is very strange and I don't believe for a moment someone on their own and without the county approval is going to close a public road. Maybe a local TV station should show a little light on this issue if Yuba county doesn't come up with an answer........soon.

Unrelated to river access - I was surprised to see flows bump up >4,000 CFS earlier this week without much rain. Smartsville got ~1/2" today and was dry Wednesday and Thursday... is this normal for this time of year? Or maybe they start releasing before the storm moves in?

Attachment 20352

Mogaru, I agree completely. The Yuba County Sheriff’s for instance, suddenly see a gate across the road and don’t seem to know much? Hhhhmmmm . . .

Interestingly, I ran into a Parks Bar Rd. resident a couple of months back and chatted her up about the gate. Her information was that the road is private, which then caused me to show her the road on my landowner app, showing it as public. She proclaimed it as “incorrect”. Bull#@%*. She told me that all of the property owners on Parks Bar Road were fed up with trespassing on their properties and that Nordic Industries had installed the gate with approval of CHP, Yuba County Sherriff’s, Yuba County Supervisors, etc. etc., etc.

BTW, she also told me that the gate is usually closed but unlocked M-F, 8 am- 5 pm. Do not know if this is true?

How much of this is correct or incorrect, I have no idea. It was interesting to hear for sure. As I said, I am most interested in eventually hearing the factual version behind this.

On another note, the resolution passed by the Yuba County Board of Supervisors to close Hammonton-Smartville Rd. on the south side on the Yuba River, should have expired effective 1-25-2025. The resolution, #2023-058, was passed on 7-25-23, with the maximum 18 month duration allowed by regulations and California State Vehicle Code!

Wonder if they are even aware of this ?????

Quote:

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Originally Posted by mogaru

Amoeba thanks for your time and determination. I just sent an email to Yuba city county public works inquiring about this situation. This is very strange and I don't believe for a moment someone on their own and without the county approval is going to close a public road. Maybe a local TV station should show a little light on this issue if Yuba county doesn't come up with an answer........soon.

---

They didn't. Challenged me that it was a Public road (it's old Hwy 20), and switched me to a deputy sheriff that knew precisely about the gate and said it was done by the County, with permission from the Board of County Supervisors (and the prior post quoting SYRCL says Supervisor Messick knows nothing about it). And, there's no Public record of any such thing. Don't piss down my back and tell me it's raining.

I allege interference with fishing, violation of state code. Probably other violations in mere blocking a Public road. Unexplained, unverified, and undisclosed actions by private parties (and perhaps local government, as in Yuba County, they have to abide by State law too). And the Deputy saying he and CDFW cites wade fisherman? Really? Fifteen or more parked vehicles at that location is a regular occurrence there. Not one parking violation seen. Was a CDFW angler survey box. A interpretive sign with fishing regulations. Doesn't sound like, and isn't, private property to me.

If my email to CDFW goes without any acknowledgement, I will follow up, and if still nothing; this will need to go farther to get action.

As I said: FUBARd

Quote:

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Originally Posted by CharlieB

Unrelated to river access - I was surprised to see flows bump up >4,000 CFS earlier this week without much rain. Smartsville got ~1/2" today and was dry Wednesday and Thursday... is this normal for this time of year? Or maybe they start releasing before the storm moves in?

Attachment 20352

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It's not required, but it is normal at many such reservoirs to release when it gets near the top of conservation pool, which it is, and they know rain is coming: https://www.spk-wc.usace.army.mil/pl...plot&window=wy

[QUOTE=yubaman;216683]Mogaru, I agree completely. The Yuba County Sheriff’s for instance, suddenly see a gate across the road and don’t seem to know much? Hhhhmmmm . . .

Interestingly, I ran into a Parks Bar Rd. resident a couple of months back and chatted her up about the gate. Her information was that the road is private, which then caused me to show her the road on my landowner app, showing it as public. She proclaimed it as “incorrect”. Bull#@%*. She told me that all of the property owners on Parks Bar Road were fed up with trespassing on their properties and that Nordic Industries had installed the gate with approval of CHP, Yuba County Sherriff’s, Yuba County Supervisors, etc. etc., etc.

BTW, she also told me that the gate is usually closed but unlocked M-F, 8 am- 5 pm. Do not know if this is true?

How much of this is correct or incorrect, I have no idea. It was interesting to hear for sure. As I said, I am most interested in eventually hearing the factual version behind this.[/QUOTE

Yubaman, I think you just found the truth........That's why in my first post I said ....who benefits from all of this? .Most likely th residents on Parks bar rd and the business got together talk to the county and were given the OK to lock up the rd. The county knows they are doing something illegal and that why they keep passing the ball deputies and not publishing it on their site as they should. Eventually is going to backfire on them so they better reverse the course. This road was built with people's funds and therefore is a public road.

Quote:

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Originally Posted by CharlieB

Unrelated to river access - I was surprised to see flows bump up >4,000 CFS earlier this week without much rain. Smartsville got ~1/2" today and was dry Wednesday and Thursday... is this normal for this time of year? Or maybe they start releasing before the storm moves in?

Attachment 20352

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YWCA released this blurb yesterday:

"Yuba Water has just begun releasing water from our spillway at New Bullards Bar Dam on the North Yuba River to make room for expected inflows and snowmelt from the incoming storm. Although January was extremely dry, we had plenty of snow and rain in December to build up our snowpack in the Sierra, and this storm is going to be significant enough for us to release water to maintain adequate flood storage space".

Of course, we discovered this on our own Thursday morning when we got to the water just above Tibuctoo. Hadn't used this particular access in a few years and thought "wow, the river's really changed and got a lot wider". Then discovered the inflow to Englebright was 3500 cfs, which meant they were dumping out of Bullard's Bar, the primary flood control dam for the Yuba system.

Back to navigable waters access, there are other protections in State Constitution and Code, requiring protection of access by local governments. Did Yuba County just drop trow and shit all over the place at the ask of a few locals? Has that smell to it.

Quote:

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Originally Posted by jmac

Hi Amoeba, and all others,

I am an attorney who has fished the Yuba extensively in the past. I am in Sacramento. If anyone who knows the information relating to this issue wants to work with me on the background, I am happy to file a lawsuit against whomever is responsible, do the discovery to find out the true facts, and then get the court to grant access if that is consistent with California law. Please respond with your phone number and I will call so we can arrange a meeting to discuss.

---

private message sent

Good morning,

Unfortunately, Parks Bar Rd is not maintained by the County. Caltrans acquired right of way in that area and built part of a new road. Other parts are privately owned.

Thank you,
Seven Hang-Yang
Administrative Technician
Yuba County Department of Public Works


This is the answer I got from Yuba county offices regarding Bar Park rd. I'm with you Amoeba, there is something "fishy" in the whole thing. They are passing the ball from one person to another one and everybody is giving a different answer which means, something has been done that is not according to the law. I'm not an attorney but it is my understanding that "if private property and owner provides an easement for a certain number of years they are required to continue providing it". Jmac maybe you can comment on tis since you are an attorney. Like I said before a local Tv station may want to further poke in this issue. The media has a lot of power and the "rats" usually buckle under public scrutiny.

Good afternoon:

Update on CDFW inquiry - I followed up by phone to the party I sent information to last Thursday; the inquiry was received.

I made an inquiry with the State Lands Commission, after being able to contact a live person there who directed me to the website. I made an on-line inquiry.

This gate action has failed the very minimal expectation of Public disclosure from government at several levels when, as here, they are involved. Is it so unreasonable to want to know what is going down, be able to have input on decisions that affect us? Nothing on that sign. No outreach before hand. Just put up a gate.

I imagine any conversation regarding this gate installation went like this:

person A: “Can we install a gate here on Parks Bar Rd.?”

Gov’t Official B: “Well, technically you’re not supposed to, but we can look the other way. We won ‘t tell you to take it down.”

It is truly amazing how little so many people who should know something about this gate, know nothing, or act like it. I hope they know more than this about governing Yuba County. This is like 3 Blind Mice. It is the game they play hoping to wear people out and just have them go away.

Quote:

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Originally Posted by yubaman

I imagine any conversation regarding this gate installation went like this:

person A: “Can we install a gate here on Parks Bar Rd.?”

Gov’t Official B: “Well, technically you’re not supposed to, but we can look the other way. We won ‘t tell you to take it down.”

It is truly amazing how little so many people who should know something about this gate, know nothing, or act like it. I hope they know more than this about governing Yuba County. This is like 3 Blind Mice. It is the game they play hoping to wear people out and just have them go away.

---

They do know what they are doing, and what they did here in installing this gate, or having anything to do with it - which included a Legion of local authorities (allegedly) . Fly fishermen never did anything to local residents or Nordic Industries or Yuba County. They just don't like people like us (https://www.youtube.com/watch?v=8DvBQcg0q9Q)

They have really diminished themselves for this action. A significant part of this is money; to profit from the gate closure as a means to peddle $1,000/year memberships to yuba anglers. Please do not patronize this business or any guides who use them which, as long as the gate closure is in effect, includes all of them. Take your money to some other place which is truly inclusive of the nature of the sport, obeys the navigable waters access Laws and makes efforts to include, rather than exclude, wade fishermen. Not everyone has a bottomless bank account or a boat.

Lastly, until this is resolved, the Yuba Sutter Lodging Association might want to revise their recently published 2025 visitor's guide describing access to the lower Yuba river (https://visityubasutter.com/activity/lower-yuba-river-1)