Middle Fork American River Aerial View

[Bill Kiene semi-retired]

Could you imagine fishing for salmon and steelhead on that water! Talked to a old timer who has a ranch on the south fork around Coloma area and he remembered catching salmon as a kid before the dam went up. Epic!!

Sadly we dammed up over 90% of the salmon and steelhead streams in California. Years ago I heard stories of salmon being up in many of our larger trout streams spawning.

[k9mark]

Pretty water, but disappointing to see more private water. Not something I can get excited about.

Some beautiful public water upstream of Horseshoe Bar as well, but have never fished it.

How is it private water if you can float it below the high water mark?

[Jeff F]

How is it private water if you can float it below the high water mark?

The "privacy" of that stretch of river has been a contentious issue forever. The owners of the land claim that they also own the river bottom in that stretch of the MFA. They claim they have a deed that says so which goes back to the 1800's. They claim that the "high water mark" regulation that we all adhere to, does not apply to that stretch of river. And they have the County Sheriff in their pocket.

The late Bill Carnazzo did lots of research on this and says that it's bogus. I was fishing above the property on the south side of the river one day about 10 years ago. I started at the rafter put-in below Oxbow near the confluence with the NFMF. I fished my way around the bend and was greeted by a shotgun-toting dick-wad who threatened to shoot me if I didn't go back upstream. So I got into with him stating my right to fish below the high water mark, etc, etc. He said that rule didn't apply to that stretch of water and that he owns the actual riverbed. I kept fishing. Next thing I know, Johnny Law is calling me over from across the river. He made me wade across the river so he could give me a ticket.

I showed up to court a few weeks later in Auburn to dispute the ticket. Neither the deputy nor the property owner showed up and it turns out that the case was dismissed due to the fact that charges were not pressed against me. So I never got to state my case and get an actual verdict on the matter from the Court. So I guess it's still open to interpretation. I spoke with Bill C. about this many times and he said that from what he understands, Federal navigable waterway rights trump any deed this guy may have.

[Rossflyguy]

He's right. It's a federal law. The water goes to the ocean meaning it's public property. The guy might have water rights but that only allows him to use the water as he pleases. He doesn't own navigable water. It's called a Riparian right. It's only as far as the high water mark. Anything below that is owned by the state. This was placed when thee were only 13 states. Well before his "deed". What ticket did the officer give you?

[Jeff F]

He's right. It's a federal law. The water goes to the ocean meaning it's public property. The guy might have water rights but that only allows him to use the water as he pleases. He doesn't own navigable water. It's called a Riparian right. It's only as far as the high water mark. Anything below that is owned by the state. This was placed when thee were only 13 states. Well before his "deed". What ticket did the officer give you?

The ticket I got was for trespassing on private property. The guy told me his deed says he owns the riverbed. I said BS. The deputy who gave me the ticket backed up the claim of the "property owner". I'm sure he's got a free membership to the fishing club.

I was kinda looking forward to the court date just to see what the judge said. But as noted, they dropped the charges. So, that makes me believe that he knows he didn't have a case.......

[Rossflyguy]

The ticket I got was for trespassing on private property. The guy told me his deed says he owns the riverbed. I said BS. The deputy who gave me the ticket backed up the claim of the "property owner". I'm sure he's got a free membership to the fishing club.

I was kinda looking forward to the court date just to see what the judge said. But as noted, they dropped the charges. So, that makes me believe that he knows he didn't have a case.......

You should print out the federal law and laminate it. Keep it in your bag and take it out when they come at you.

[MickeyFinn]

You should print out the federal law and laminate it. Keep it in your bag and take it out when they come at you.

Has anyone seen this video on the MFA? https://www.youtube.com/watch?v=qCHG95Oz5-g

[Jeff F]

Has anyone seen this video on the MFA? https://www.youtube.com/watch?v=qCHG95Oz5-g

You bet. That made the rounds on this board early this summer I believe. Those flows are pretty gnarly. That's why I don't fish that river until the rafter flows cease in October. The MFA holds some very nice fish.