State constitution

[Cobrafan]

I remember seeing a post on anglers rights to the water and there was a copy of the state constitution section attached. Does any one have that? I was just chased out of Del Valle for fishing within 100 feet of the rental dock. I was between the dock and the bank working a fish of a life time that was bedding in the reeds. The rental dock employees called the park police and we had a strange conversation he said that the park rules supersede the state constitution. However that rule does not exist any where

[wccjanel]

Why are people so mean?

[Flippinjigs]

I have a paper copy that I printed off of this site last year. If you PM me your info I will mail you a copy.

Good Fishin

[kopper_bass]

CobraFan,
I won't give you a fish, so you eat for a day, but i will teach you to fish so you can eat for a lifetime

Try going to the top of the page here, and hit "search". Type in the word "constitution" and do a search for it.

Links to the documents you want come up within the first 3 posts that will show up on that search. you can then easily grab it from there.

Happy Learning.

Kopper_Bass

[DeltaDan]

To solve some questions of our CA State and Federal waterways questions........and our rights.... Read this over and do as alot of duck hunters have done --- Print this out..... Laminate it..... and keep it in your boat or even float tube. --Print extra copies for distribution to the the officer and/or complaintant to keep for themselves.


Click Here ~~~> http://www.norcalwaterfowl.com/forummis ... erLaws.pdf


Make sure it is printed out in color on the highlighted lines also.

This was written up by Duckguru on the Fuge ... ~~> http://www.refugeforums.com/refuge/show ... t=laminate

In responce to this thread after much discussion, insite and rights interpeted by those that have researched the law in great depth to ensure our rights. ~~> http://www.refugeforums.com/refuge/show ... t=waterway

"No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is requirred for any public purpose, not to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof."

Hope this helps anyone in anyway of proving their rights..... But before you believe these words as gold.... Take the time to fully read them and interpet them yourselves before boldly waving a laminated flyer back at rock throwers.


Cheers,
Dan

[george]

I dont think this means an impoundment also! I think that the law stating navigable water means any water that can navigated by not making contact with the land on either side or underneath the vessel to access it.
If you can put in above or below any body of water and pass through the impoundment without making contact with the land then this water is said to be navigable; which means you can fish anywhere as long as you stay in the vessel and not set foot on land.
If it is an impoundment that you have to pay a access fee to launch a vessel and there is no way to access it other then to cross private property then even though it may be a public impoundment the policy of the governing party or management of the impound takes presidence and they can make any part of it off limits.

[Andy Giannini]

You may not cross private property to get to that body of water that may be a public access. For example levees in the Delta are private property. Granted there may be a county road, or highway on it, but the underlying property owner is 99% of the time a private property. The state does not have ownership of these lands, and the easement or right of way for the road or highway is just to operate the road. It does not include a recreational easement to the high water mark. Reclamation districts that maintain levees or flood control projects do so with tax monies assessed from the property owners within that district or island. These taxes do not create a park district, or public access around an island, to fish, camp, party, light bonfires etc. Moving revetment, the bank protection (rocks) to make campfire rings is actually vandalism of a flood control structure, and punishable.

Where is reads, "No individual, partnership, or corporation, claiming or possessing frontage, shall be permitted to exclude rifght of way to such water..."

It means the right of way to the boat or person ON the water not a right of way across lands to the water.

Often anglers confuse what the constitution actually says, and means. Which is understandable, I am not an attorney. But I get access to top notch water code attorneys at work, who get paid to explain what heck the law in any example really means.

A.G.

[DeltaDan]

Yhea Andy -- I did not at first read into it (and still don't fully) if Cobrafan was fishing from shore or a boat on the water. -- And failed to mention that in my post.

At the same token -- Private lakes that are fully under State Control are not included in the rights for Tidal Waters as I posted earlier.

How the Lake is shared by BLM Land, Fed's and the State togther .... I "think" that may fall under how the boundries of the water are divided for juristiction and if Federal Water -- The articles above "should" apply.



Good thing I only fish the Delta ~ and don't have to worry about lake fishing.

[Smileee]

Del Valle, Lake Chabot, Lafyette, Quarry Lakes & San Pablo have a rule that states "Boats must maintain a distance of at least 25 years from any shore that have anglers or people." This is a recreational park district rule for East Bay Regional Parks District.

[wccjanel]

Del Valle, Lake Chabot, Lafyette, Quarry Lakes & San Pablo have a rule that states "Boats must maintain a distance of at least 25 years from any shore that have anglers or people." This is a recreational park district rule for East Bay Regional Parks District.

25 Years?

That's a long time. What a strange rule.

[fish_food]

Del Valle, Lake Chabot, Lafyette, Quarry Lakes & San Pablo have a rule that states "Boats must maintain a distance of at least 25 years from any shore that have anglers or people." This is a recreational park district rule for East Bay Regional Parks District.

25 Years?

That's a long time. What a strange rule.

Temporal displacement...

[Cobrafan]

Smileee, there were no shore anglers within 100 feet, thats why I went in there. first time there was no one there

[Cobrafan]

Delta Dan, I was on the H2o. Del Valle is a public park and the lake is filled with water from the delta thats how them striped bass got in there

[frank]

Water can be made off limits by a county or city ordinance. An example of that is the Sacramento marina by Miller park. The state constitution can not cover every little detail so the counties and cities can pass ordinances to make sections off limits, and there is a city ordinance making it off limits to fishing, even from a boat, which makes it off limits. The navigatable waterway rule applies to any body of water that can be legally accessed by a launchramp made accessable to the public, not just tidal waters. It gets even more confusing due to all the differnt agencies that have laws on the books that overlap each other. There is a provision in the navigatable waterway rule that makes areas that are seasonally flooded culivated land off limits to boats for any purpose, meaning farm land that floods every winter does not fall under the rule. Fish and Game has a regulation that any private land must be posted with 3 signs per mile to make it off limits, if it is flooded the signs must be above the water line. So according to that regulation you can fish or hunt seasonally flooded cultivated land if it is not posted. When I asked a fish and game warden about this his response was, and I quote, "You can hunt that area but it is a chickensh#@ way around the law." Many people have told me to leave many places while I was in a boat on the water. When I told them to just call the Sheriff, and staed the law that made it legal for me to be there, pretty much all of them have backed down. The two times someone called the Sheriff and he came out the Sheriff wound up reading the riot act to the person that called and told them to stop harassing anglers that were fishing or hunting the area. Hope this helps.