Crossing Private/Leased Land in Streambed??

[John Harper]

I happen to know of a "secret" creek near my hometown in Ventura County (I live in Carlsbad now). We used to hike in and fish it in high school (mid 70's) for abundant wild rainbows(steelhead??). At the time, I had gate access to a dirt road up the canyon. Unfortunately, I don't have that access but want to try and see if the fish are still existent, they may have been wiped out by fire and flood about 5 years ago.

I have heard that if you stay in the streambed you are not liable to be cited for trespassing if confronted by property owners/oil workers/leaseholders in the area. Of course, I'm planning a trip very early on a weekend morning to avoid the chance of encountering anyone. Probably not going till next March or April after we get some rains and before the rattlesnakes are too active.

Anyone out there familiar with "water law" and creek access issues. I'm assuming it's kind of like the mean high tide line at Malibu, as long as you're in the streambed, you're not going to have to worry about the law. I've also contacted the Ventura County Sheriff to see what they say. Anyone have some input???

John Harper

[strohble]

Call fish & game and ask them about that particular stream. Laws vary when it comes to riparian ownership. Most landowners rights end at the high water mark. As long as you're below that line you're on public land. But some streams have laws that landowners own the river bed down to the centerline of the stream, you can float it but can't put your feet down. Hope this helps.

[rayfound]

talk to the landowner. if its not "Navigable", you don't have the right to walk through their land, I don't think.

[John Harper]

I think the leaseholder is an oil company, not a private individual. Not even sure of the company name, it's a small operation at best.

John

[NorcalBob]

Way too many variables to cover on this one so an answer is difficult. If it's a navigable body of water, you are legally allowed to trespass up to the mean high water mark. If it's not a navigable body of water, you are not allowed to trespass at all.

[tenandtwo]

Here is the DFG answer.

http://californiaoutdoors.wordpress.com ... vate-land/

It basically mirrors the above posts, also check the list of DFG special reg waters

http://www.dfg.ca.gov/regulations/Fresh ... -art3.html A lot of So Cal trout and or steel head waters are closed or limited. So it may not even come down to a trespassing issue if it is now off limits.

good luck.

[John Harper]

I'm pretty sure my ultimate destination is on public land (Los Padres NF), only have to traverse the oil lease area, which may not include the streambed.

John

[NorcalBob]

The California Outdoors answer has some exceptions and is not totally correct. Access on navigable waterways is up to the mean high water mark, so you allowed to access the streambed as long as you stay below the mean high water mark, even if you are not in a floating watercraft. This means that during periods of low flow, your feet may not have to be in the water, and you can indeed be on the streambed, so a streambed may (or may not!) be legal to walk through. In addition, you are legally allowed to portage around obstacles to safe navigation, so you are legally allowed access above the mean high water mark to safely complete your journey in a floating watercraft. Bottom line, stream access issues are complicated and it's tough to really decide what's legal or what's not. And then there's more issues regarding crossing private land to gain access to public lands, and in some cases it's legal. A very complicated legal matters!

[Papasequoia]

Hot Creek is navigable.

[The Steady Foot]

I think others have covered the legality of the issue, but I thought I'd add that I know of a local creek where the landowner (an individual home owner) has placed remote sensors in various entry points of "his" creek to alarm him to trespassers. Perhaps an oil co. would take the same/similar precautions to protect their operation?