Delta water rights question

Kyle46N · Post by **Kyle46N** » Tue Nov 14, 2017 7:35 pm

Not sure if "water rights" is the correct term to use, but I was wondering about some of the marinas, yacht clubs, etc on the Delta that have off limits or members only access. Most of the time its a cut or a slough built into an island or into the levees that has a marina, docks, or boat houses. Can these marinas or clubs legally own the water? I believe many of these areas could replicate the "dead end" slough pattern in the fall, bottling up shad and predators, but I'm finding most of them have keep out signs or other signs indicating off limits.

Kyle46N · Post by **Kyle46N** » Thu Nov 16, 2017 8:24 pm

238 views and nobody has any input? Anybody know the actual law on these restricted sections of the Delta? I've been on other bodies of water in other states where people would put up signs as deterrents but legally couldn't keep someone out as long as they were floating and not touching private property.

Big Stick 74 · Post by **Big Stick 74** » Thu Nov 16, 2017 9:01 pm

As far as I know, these marina's, etc cannot keep you from accessing public water. There have been many a confrontation with people TRYING to get you to leave. Best thing to say to them is go call the Sheriff. Just don't touch there docks, boats etc and you should be ok. This crap sometimes happens at Clear Lake as well.

JLBassin · Post by **JLBassin** » Fri Nov 17, 2017 7:23 pm

Generally as long as your are floating and not making contact with anyones property or the ground underneath the water

you are good to go. They can put up whatever they want but they do not own the water. Whenever i run into shitty people like this I just tell em, "That's God's water, you don't own it." I'm not even a religious person though ha ha.

mark poulson · Post by **mark poulson** » Fri Nov 17, 2017 7:50 pm

Cooch told me, as long as it's navigable, and not restricted by the Coast Guard or some other governmental arm, you can fish it.

ScottyJ · Post by **ScottyJ** » Sun Nov 19, 2017 5:21 pm

As far as I know the only marina off limits to fishing is Antioch Marina. Unless that has changed, it is illegal for a marina, boat owner, Home owner etc to block navigable water ways. Water flows and and you cannot own the water. They may own the land around and under the water but not the water itself. For example there have been many issues with Perry’s. They come out and threaten you, tell you you are trespassing, have ropes and bouys and signs out, take your CF # and they call the sheriff. As long as you are not touching or hitting the boats, docks, canopies etc, you are within your right to fish there. If you are in an area like that and are confronted, the best bet is to take the high road and simply state you aren’t breaking any laws and be respectful of the people and boats in the area. If they want to argue and threaten you, just ignore them and fish on. Don’t cuss, yell or argue. If they escalate it to something physical or endanger you (pull a weapon/threaten violence) then call the Sheriff, video/take pics and or leave the area.

Kyle46N · Post by **Kyle46N** » Mon Nov 20, 2017 4:46 am

Thanks for the info everyone. I figured those were the laws here, but you never know. In Louisiana, the land owner owns the land and the water above it......lol....seriously. With all due respect, living mostly between Texas and Virginia most of my life, I don't assume anything here in California when it comes to laws. Thanks!

Ranger519v · Post by **Ranger519v** » Tue Nov 21, 2017 11:24 am

There are times of the year that I like to fish in and around docks. I've had a few run ins but not many. My understanding is the same as others have already stated - the water itself is open to all.

The one thing that frustrates me is all the ropes that owners tie between docs. I've seen some good water that I just can't reach because of ropes. While I'm not about to take down anyones ropes, I suspect this is a bit in conflict that all water should be open to the public.

mark poulson · Post by **mark poulson** » Tue Nov 21, 2017 9:31 pm

Ranger519v wrote:There are times of the year that I like to fish in and around docks. I've had a few run ins but not many. My understanding is the same as others have already stated - the water itself is open to all.

The one thing that frustrates me is all the ropes that owners tie between docs. I've seen some good water that I just can't reach because of ropes. While I'm not about to take down anyones ropes, I suspect this is a bit in conflict that all water should be open to the public.

I agree that all the water should be open, but I was told people string those ropes to keep the hyacinth out, and I can understand that.