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Thread: Truckee at Hirschdale question?????

  1. #21
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    Last I checked, the law is that (1) navigable waters below the high water mark are public property, even where the stream flows through private land and (2) it is legal to access said navigable waters at public rights of way (i.e., public road overpasses) and/or other public access points.

    If you do both those things, it's pretty hard for a landowner, DFW, etc. to argue that you are trespassing.

    But the fact of the matter is that all this nonsense means that this may be one of my last years of taking a full annual fishing license in California. Basically the only places I fish anymore are the Trinity and the Upper Sac, between the issues of access, fishing pressure, etc. on the other rivers closer to home. And, I don't get motivated to drive the 3+ hours to those two streams too often anymore either.

  2. #22
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    Quote Originally Posted by PV_Premier View Post
    Last I checked, the law is that (1) navigable waters below the high water mark are public property, even where the stream flows through private land and (2) it is legal to access said navigable waters at public rights of way (i.e., public road overpasses) and/or other public access points.

    If you do both those things, it's pretty hard for a landowner, DFW, etc. to argue that you are trespassing.

    But the fact of the matter is that all this nonsense means that this may be one of my last years of taking a full annual fishing license in California. Basically the only places I fish anymore are the Trinity and the Upper Sac, between the issues of access, fishing pressure, etc. on the other rivers closer to home. And, I don't get motivated to drive the 3+ hours to those two streams too often anymore either.
    According to this document truckee river isn’t a navigable water way. https://leginfo.legislature.ca.gov/f...er=2.&article=

    Also, Bill made a post earlier this year about what waters were navigable in California. It is what it is.

  3. #23
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    Here’s more documentation about navigable waters. https://www.slc.ca.gov/wp-content/up...ccessGuide.pdf

  4. #24
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    Quote Originally Posted by Rossflyguy View Post
    According to this document truckee river isn’t a navigable water way.
    My comment was intended to be more general in nature and not specific to the Truckee. But as you say it is what it is. The rafting companies I guess know something the state doesn't about navigability w/r/t Truckee R.

  5. #25
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    Quote Originally Posted by PV_Premier View Post
    My comment was intended to be more general in nature and not specific to the Truckee. But as you say it is what it is. The rafting companies I guess know something the state doesn't about navigability w/r/t Truckee R.
    It’s not illegal to float the water. It’s illegal to trespass. So if they’ve got public access or have permission it’s all legal.

  6. #26
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    If you can float the waterway with an oar powered boat then, by definition, it is navigable and you can use the river, at least in California. Other states have different public trust doctrine from what I hear. In fact, landowners can't block access to the river, although I've heard stories of trees mysteriously falling across the McCloud.

    In general, you can float any river and access the banks up to the mean high water mark. If I get out of my boat/raft in the private water areas on the Truckee, I keep my feet wet. There's no argument at that point.
    Last edited by TahoeJoe; 06-03-2021 at 03:02 PM.

  7. #27
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    Quote Originally Posted by Rossflyguy View Post
    Here’s more documentation about navigable waters. https://www.slc.ca.gov/wp-content/up...ccessGuide.pdf
    Of course the Truckee is a navigable river. Even the California courts declared in some cases navigable seasonal creeks.......... The bridge at Hirshdale is a public structure and I can legally access the water from it and fish as long as I remain within the highest water mark point.
    Last edited by mogaru; 06-03-2021 at 03:40 PM.

  8. #28
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    I think the Truckee Donner Land Trust should get involved in this case and talk to the land owners to provide some kind of easement that guarantees access to this wonderful river. I have the gut feeling the land owners were "approached" and somehow "convinced" to close their land to public access.
    Last edited by mogaru; 06-03-2021 at 03:40 PM.

  9. #29
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    https://www.slc.ca.gov/public-access...igable-waters/

    The above link provides a wealth of information to every angler/outdoorsman in California.

  10. #30
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    While this will not affect the Hirschdale access it may change the overall access in the near future: https://www.sfgate.com/renotahoe/art...P-CP-Spotlight

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