TRUCKEE RIVER!!!!!

drifter · Senior Member

RE: TRUCKEE RIVER!!!!!

LilWhippersnapper · Senior Member

What ever happened to becoming a game warden?

dumbpig · Veteran Member

Pretty fantastic fish and posts. Get to fish it for the 1st time on Friday AM (early till 11). Im totally excited. Plan on crawdad or zoo cougar streamers in the very early morning then to nymphs in the latter morn. Figured on hoofing it in somewhere, looking for quality vs. quantity. Any general advice would be appreciated.

-- Edited by dumbpig on Monday 10th of August 2009 10:53:12 AM

brian clemens · Senior Member

oh thats just a rumor drifter dont believe everything u hear or read. lol.

but yes there are steelhead in early somewhere. hahaha

as far as the warden thats still true to my heart but it will take some schooling to do it. with chp, or any type of law enforcement schooling is not needed. and well being in the military helps as well. they love military members.

-- Edited by brian clemens on Monday 10th of August 2009 09:43:13 AM

DrBombay · Senior Member

You can't access all waters below the high water mark. 2 spots that come to mind are hot creek ranch on hot creek, And the 2 ranchs on the upper owens above benton crossing. Maybe its a spring creek thing ?

dumbpig · Veteran Member

I was speaking to a game warden about accessible water, navigable waters and the high water mark. I feel like I know less about it now than before cause he was unsure as well. I told him of the spots on Hat Creek, very floatable areas, that actually have barbed wire struck from a few feet off the road across to private property. He was surprised that this was allowed by his comrades in that area. He said he would let me know the answer. When I see him again and possibly get an answer, I'll post it.

As for the most recent answer I have heard, "navigable waters" are waters that actually have some sort of commerce on them, then the high water mark applies. I don't see this answer as accurate because commerce on water has mostly disappeared in CA. Seems there is no definitive answer and extremely disappointing when you see a beautiful river such as the Fall or Hat completely barbed off, sometimes more than 100 feet wide. I have heard there is pending state law or court rulings, as of 2 years ago, that would open up most CA waters, including private waters owned by government water agencies. Whatever the answer is, I just don't see how people can be excluded from sizable water, a resource, and tend to agree with if it can be floated in any way, then high watermark applies.

For what it's worth.

LilWhippersnapper · Senior Member

Something that comes to mind is the Feather river Outlet. People would line up on the other side of a fence, and be standing on a concrete ramp. You were legal as long as you had your feet in the water... Even though you were standing on the ramp.

dumbpig · Veteran Member

Here is something I found related, an article posted on DFG website. Specifically refers to Harbors and Navigation Codes 101-107 which says other waters that are included and Navigable water is defined in section 100 posted below. I guess if you can say some kind of commerce "of this country" a stream can carry, then you are okay to fish it below the "normal high water mark."

Maybe I am biased because I think I should be able to access trout water, but I am a deputy and if I encountered someone who got called on for "trespassing" and carried this paperwork with them, I certainly would not be taking any enforcement action at all. That is unless the property owner had something more recent and definitive, but that would have to basically redefine the Harbor and Nav. code. Anyway, I'll get off my soapbox.

This is dated July 2008 from the DFG site:

http://www.dfg.ca.gov/QandA/2008/20080731.asp

QUESTION:

Is fishing permitted on any private property with a creek, stream or river? I've been told that if the person fishing remains in the water (doesn't go on the bank) that fishing is permitted even if the creek is in the middle of miles of private property. If this is correct, how would this law affect California private fishing resorts that state, guests only with no exceptions? Thanks for your help. (Peter G.)

ANSWER:

According to Capt. Mark Lucero, in most cases anglers would not be permitted to fish streams that flow through privately owned land. However, an individual can legally access those waters if those waters are listed as “navigable” (defined and specified in the Harbors & Navigation Code [Sections 100-107]) and as long as the individual enters the water by a legal access, and then continues to navigate without having to come ashore or drag their vessel across land.

In other words, an individual can navigate a waterway via a flotation device, but once they step off the flotation device within private property, they may be subject to trespass covered under Penal Code 602. On waters listed within the Harbors & Navigation Code sections above as being “public navigation waters,” using a floating “boat” of some kind is permitted. There is no provision in that Code for any other access by foot or coming ashore, and there is no California Code which states that fishing is permitted on any private property with a creek, stream or river.

The California Constitution (Article 1 Declaration of Rights Section 25) does state that people shall have the right to fish upon and from the public lands of the state and in the waters thereof. Exceptions to this rule are lands set aside for fish hatcheries and state-listed preserves established by the Fish and Game Commission.

Section 100 Harbor and Navigations code:

100. Navigable waters and all streams of sufficient capacity totransport the products of the country are public ways for thepurposes of navigation and of such transportation. However, thefloodwaters of any navigable river, stream, slough, or otherwatercourse while temporarily flowing above the normal high-watermark over public or private lands outside any established banks ofsuch river, stream, slough, or other watercourse are not navigablewaters and nothing in this section shall be construed as permittingtrespass on any such lands. For the purposes of this section,"floodwaters" refers to that elevation of water which occurs atextraordinary times of flood and does not mean the water elevation ofordinary annual or recurring high waters resulting from normalrunoff.