Delta coves closed off ( keep out )

dvkawboy · Postby **dvkawboy** » Thu Dec 27, 2018 10:08 am

How can a developer close off a section of the river ? They do not own the water yet they closed off a section of bethel island that a lot of us fish .

mark poulson · Postby **mark poulson** » Thu Dec 27, 2018 10:12 am

dvkawboy wrote:How can a developer close off a section of the river ? They do not own the water yet they closed off a section of bethel island that a lot of us fish .

Wow! I thought that any navigable waterway was fishable, unless it was military.

dvkawboy · Postby **dvkawboy** » Thu Dec 27, 2018 10:38 am

I thought the same thing

Mitch · Postby **Mitch** » Thu Dec 27, 2018 10:51 am

How have they blocked it off ?? I'd contact the Sheriff and get an official ruling. But I don't think they can block off any navigable part of the river. It's like an owner can block you from being ON his dock, but can not stop you from fishing UNDER his dock. Tho, many have tried, I encourage them to call the Sheriff on me !!

MichaelB · Postby **MichaelB** » Thu Dec 27, 2018 10:56 am

From a reliable source:
Per a deputy with CoCo County SO, it's a "private waterway" that the company closed to the public. The company can deny access because they carved the waterway out, are putting in pilings for the docks in preparation for building houses, not to mention not wanting things stolen.

Just saw this:
https://www.deltacoves.com/find-a-home/

bent70 · Postby **bent70** » Thu Dec 27, 2018 1:15 pm

Thats been closed for a few years? Entry has had no tresspasing signs since they cut the levee. Where have you been?

mark poulson · Postby **mark poulson** » Thu Dec 27, 2018 4:35 pm

bent70 wrote:Thats been closed for a few years? Entry has had no tresspasing signs since they cut the levee. Where have you been?

But they have allowed unrestricted public access for years.

mark poulson · Postby **mark poulson** » Thu Dec 27, 2018 4:52 pm

MichaelB wrote:From a reliable source:
Per a deputy with CoCo County SO, it's a "private waterway" that the company closed to the public. The company can deny access because they carved the waterway out, are putting in pilings for the docks in preparation for building houses, not to mention not wanting things stolen.

Just saw this:
https://www.deltacoves.com/find-a-home/

I think this sheriff may be wrong. State law and Federal law protects public access to all navigable waterways.
The Coast Guard would probably be a more reliable source.

birdman920 · Postby **birdman920** » Thu Dec 27, 2018 4:54 pm

Yes !.... if developers carved out that waterway ! they have the legal right to close it off to public access, if state or army Corp of engineers , created it !, then public access is automatic.....

dvkawboy · Postby **dvkawboy** » Fri Dec 28, 2018 7:33 am

Just doesn’t seem right . Who ever cuts it out , it’s still our water .

Caleb.Smith · Postby **Caleb.Smith** » Fri Dec 28, 2018 8:08 am

Yah I was over there Friday thinking the same thing. Doesn't seem right.
I contacted Fish and Wildlife this morning to investigate if they have a legal right to do so.
I am currently awaiting a phone call back as the gentleman stated he would look into it, he said
there is a possibility that they have pulled a permit to temporarily block off the area.
Will let you guys know as soon as I hear back from him.

mark poulson · Postby **mark poulson** » Fri Dec 28, 2018 8:26 am

Caleb.Smith wrote:Yah I was over there Friday thinking the same thing. Doesn't seem right.
I contacted Fish and Wildlife this morning to investigate if they have a legal right to do so.
I am currently awaiting a phone call back as the gentleman stated he would look into it, he said
there is a possibility that they have pulled a permit to temporarily block off the area.
Will let you guys know as soon as I hear back from him.

Thanks.

185vsfrog · Postby **185vsfrog** » Fri Dec 28, 2018 1:16 pm

My understanding is that in order to Block it off from boaters/fisherman, they need an ordinance or permit from the city and it has to be posted with that ordinance. Without that permit/ordinance from the city, they cannot block the navigable waterway. Its plainly stated in the California Constitution.

Jeff C. · Postby **Jeff C.** » Fri Dec 28, 2018 1:30 pm

If the Sheriff isn't going to enforce the law it would likely take a lawsuit, but who's gonna fork out the money for that?

MichaelB · Postby **MichaelB** » Fri Dec 28, 2018 5:00 pm

Not trying to defend the developer/contractor, but if they are driving piles or have other similar heavy construction activity ongoing, they are likely obligated for safety/insurance concerns to close off "bankrupt bay" to the public.

bent70 · Postby **bent70** » Sat Dec 29, 2018 9:01 am

mark poulson wrote:
bent70 wrote:Thats been closed for a few years? Entry has had no tresspasing signs since they cut the levee. Where have you been?

But they have allowed unrestricted public access for years.

I know people have been shore fishing till mid this year when they fenced it off better.
How was the fishing in there? By boat. I figured thats where the fish went when i couldnt catch any.... :mrgreen:

ash · Postby **ash** » Sun Dec 30, 2018 8:23 pm

Is this “ghost marine”i

mark poulson · Postby **mark poulson** » Mon Dec 31, 2018 6:33 am

ash wrote:Is this “ghost marine”i

Yes

db220 · Postby **db220** » Mon Dec 31, 2018 8:31 am

The first thought that I had was that this will add 500 more ski boats to the traffic out there. With what's going on with the water I can't see fisherman investing 1m on a home there at this time.
I'm surprised they're targeting Spring for opening. I was in there over the summer and no construction was going on that I could see.

mark poulson · Postby **mark poulson** » Mon Dec 31, 2018 9:24 am

db220 wrote:The first thought that I had was that this will add 500 more ski boats to the traffic out there. With what's going on with the water I can't see fisherman investing 1m on a home there at this time.
I'm surprised they're targeting Spring for opening. I was in there over the summer and no construction was going on that I could see.

I'm sure that's just to get people interested. Even with a lot of prefab, like the houses in Summer Lake, it will take them at least 9 months to get a house built and ready to sell, assuming they've gotten all the utilities and sewer connections sorted out beforehand.