Highway 20 access on the lower Yuba river.

[timmosazz]

Thank you for doing this.

[amoeba]

Thank you for doing this.

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.

[yubaman]

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

[amoeba]

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.

[timmosazz]

Thank You.

[amoeba]

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.

[Ken Kondo]

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

[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.

[amoeba]

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.

[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.