Middle Fork American

[flyfshrmn]

Does anyone have a reference or a printout of the interpretation of the law regarding stream access and trespassing? I doubt that what's been written here has any legal weight, but there must be a published legal opinion or court ruling on this somewhere.

[mr. 3 wt.]

Guess they'll just have to float it then. Is that okay?

Damn right that is OK. Good luck though. Many class 4 and 5's in the area. Floating without gear is one thing but with gear it may end up in the river.

The problem with the area Tristan is that there are a lot of places down there that are pretty much impossible not to walk on the private land. Shear cliffs, deep swift water and major rapids. The river bed is narrow, bushes right down to the water. And you guys are right, this subject is been beaten pretty good. Just don't want to see any of you gents in the pokey.

[flyfshrmn]

Thanks for posting the link. didn't even think to google it (sound of hand slapping forehead)

bg

[GBFS]

The property being discussed here has been leased by Granite Bay Financial Services. It covers about 7 miles of the Middle Fork of the American River, beginning just below Oxbow Dam on both sides of the river and into the middle of the riverbed. Since taking over the property a number of “No Trespassing” signs have been posted where the property begins. A private access, catch and release fly-fishing club has been established and the property is now being patrolled by security for trespassers. Sadly, we have already had to make arrests on those who have refused to respect private property laws.

Unlike the Lower Yuba River, The property on the Middle Fork of the American River in this section is completely private. The laws pertaining to private property on this section of river is similar to the Truckee River where the San Francisco Casting Club is located. You may float through our property but you can’t get out and fish or walk onto the river below the high water mark.

Currently the membership is full however we have a waiting list and you are welcome to sign up if you are interested in joining the club. If you are interested please mail Granite Bay Financial Services P.O. Box 2705 Granite Bay, CA 95746

Tight lines

GBFS

[dtp916]

You CAN fish the section of the Truckee in the SF fly caster's section as long as you stay below the high water mark.

The section below Oxbow is considered navigable according to the state of CA...Honestly this really pisses me off, as it is quite clear that a person - or club - cannot own the river/river bed on a CA river.

I look forward to the political and legal battle that overturns this BS that is happening there.

[mr. 3 wt.]

Just to retouch what was said a few posts ago. I agree with the highwater statements. The deal with the mid frk of amer is that there are areas, many of them, that it is impossible to stay below the highwater mark period. There is even a section where there is a tunnel in which the water flows. You tell me how you are gonna wade or stay within highwater mark through there. If you have ever been there you would know that particular area is impossible to do either. This is just one example of two or three spots that I know of that it is not possible to get through or around. Again, to avoid conflict or arrest, you must obey the law and stay off their land. If you must fish the area, take a raft down through the property and stay within highwater mark. (vegatation right down to the water in most places) Good luck though doing this seeing it has some rapid runs that look practically impossible but are done by the rafting companies. But there not toting around thousands of dollars worth of fly gear.

[charles]

I fished right below the outflow of Oxbow lake today. The area where the rafters put in. It was a big lot with 3 restroom buildings, right where the water comes out of the mountain and down about 1/4th of a mile. Was that private prop?

[dtp916]

Not if you stayed in the water or below the mean-high water mark, your not trespassing anywhere in CA.

How did you do?

Grab an American River stream time map and it has plenty of places to access and spots worth checking out.

[charles]

Had one nice one on. When the trout hit I was wet wading, and trying to hold my shorts high enough to keep the cell phone in the pocket dry with one had. Thought I had a sang, and then the snag pulled back. With only one hand I didn't get a good hook set and was he off within 5 seconds. That was the only fish I had on all day. I had fished farther down river for about two hours in the morning with only one strike(Just when I started to get some good looks the flows went up and the fish disappered). Even worse two casts later I lost my wholly bugger to a tree. I went to get another fly, and then realized I only put on my backpack and forgot my flyvest in the truck (1/4 mile hike back across the boulders). By the time I got back to the truck at 3:30 I had to go because I needed to be back to Citrus Hieghts by 5:00. If I had more time I would have hiked back, man that felt like a good fish (maybe I should have just let the cell phone get wet). Took some pictures, unfortunately none of fish.
[:C\Documents and Settings\Ted King\My Documents\My Pictures\7_9_2007]

[charles]

Sorry can't figure out how to post the picture, nothing special anyways.