Access Rights to Public Waterways

June 3, 2010

Question: I have a question regarding access rights to California waterways. I’ve noticed “no trespassing” signs posted on many of the Delta sloughs south of Sacramento that state the area between the public road and the slough itself cannot be accessed or fished. These look like government signs.

While investigating I found that state and federal law, as well as the California Constitution (Article 10, sections 1, 4 and 7), appear to guarantee the public’s access to these waterways. Shouldn’t the public have the right to access and fish from this land? (Abe M.)

Answer: While California law allows for public access to public waters, it does not grant the public the right to cross private property to reach those waters. That means that while the waters are open to public use and passage, in order to reach those waters you may need to do so from a public launch ramp. If you want to fish from a bank, you will need to do so from areas that are public property or not marked with No Trespassing signs due to private property rights.

The signs you are referring to here are different, though. According to Department of Fish and Game (DFG) Capt. Mark Lucero, the posting at the Delta levees has been an issue since early 2000 when the reclamation districts first erected these signs to keep anglers from parking their vehicles on the levees and down embankments. DFG has received constant complaints from anglers upset with the posting and lack of accessibility to the river. We inform the anglers that the trespass issue is a Penal Code law and not a Fish and Game Code law. We also inform them to remain in the area is a violation of the Penal Code and they may be cited by a sheriff’s deputy. There’s been a real effort lately, through CalTIP and letters sent to DFG, to get our officers to address this issue. However, the Penal Code trespass issue is not jurisdictionally a Fish and Game priority. In addition, anglers may fish from the bank of the levees if they access the bank via navigable means and stay within the mean high tide.