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Case law supports the right to use California's waterways
Thom Gabrukiewicz, Redding Record Searchlight.
December 08, 2002
With the ongoing misdemeanor battery prosecution of Robert Earl Edsall of Castella for allegedly throwing rocks at an angler on the upper Sacramento River, here are a few final thoughts on the matter:
The river is for everyone's enjoyment, whether it be fishing, kayaking or swimming. A landowner's deed might say it's good to the middle of it, but the public has the right to use the waterway — and be granted reasonable access to it.
Because you can float a vessel on it.
"We'd like the word to get out, that it's real clear that the Sacramento River is a navigable waterway and that anyone has a clear right to use it up to the high-water mark," Shasta County Senior Deputy District Attorney Howard Welch said Monday. "The water in that stream belongs to the people of the state."
Bill Lynch, editor of the Sonoma Index-Tribune, was fishing on the upper Sacramento River in September when he said two men approached him, started shouting about trespassing, then one or both started throwing rocks and pebbles after Lynch shouted back that he wasn't trespassing.
Lynch said he was 10 feet from shore in knee-deep water when the incident occurred on Sept. 19. Lynch and his wife were staying at rental cabin along the river, about six houses up from the property owned by Teddy Ray Lee of Castella.
Lynch said last month that he was disappointed with the Shasta County district attorney's office for not filing charges that address the right of anglers, paddlers and others to use the waterway for recreation.
I'm not. The DA's office put in the time to investigate the issue and came up with its only legal solution: a misdemeanor battery charge against Edsall, based on reports completed by the Shasta County Sheriff's Department.
The DA's office actually used a 1971 case concerning the Fall River, where landowners strung barbed wire across the stream to keep anglers from floating it.
That obstruction was easy to prove. It wasn't so clear in the Castella incident.
"You have to have an obstruction to the use of a waterway," Welch said. "A pattern of assaulting people would be an obstruction of use."
Guide Bill Carnazzo of Newcastle complained to the DA's office in October that Lee allegedly tossed rocks at him, as well as a client, two years ago.
But he didn't file a report. There was no investigation.
"We can show no positive evidence of previous involvement," Welch said. "No one can identify those who participated in the harassing conduct."
In Lynch's case, words were exchanged; Lynch was pelted with pebbles and used a two-way radio to call his wife, who then called the Shasta County Sheriff's Department. A report was made. There was a paper trail to follow.
The area in Castella is a nice little fishing spot for native rainbows. Nothing huge, mind you, but nice fish. There are other, better, spots. But from here on out, people should feel safe to fish in Castella.
But this case shouldn't be seen as an open invitation to trample across private property to get to a river, stream or lake. Anglers and other water recreationalists need to respect the rights of the landowners who live along California's waterways. They've paid a premium to live there.
Ask if you can cross their land. Strike up a conversation, get to know them. Be friendly. Pick up your trash. Leave the smallest impact on the resource. And be a good steward, since nothing sours landowners more than people who use a resource — but won't respect it.
I expect the misdemeanor charge — whatever the outcome — will go a long way to solve the problems in Castella. So does Welch.
"We certainly hope it will deter the rock thrower who was acting out on behalf of the landowner," he said. "And we certainly hope that the friend, the landowner, gets the message to what's happening here."
If it doesn't, then the DA's office will put together a case that addresses an obstruction, based on a pattern of harassment. But only if people get involved.
"If it happens again, people need to report it, document it, so it shows a pattern," Welch said. "And we'll make sure people are held accountable. If people obstruct the right to use a waterway, we'll take appropriate action."
Thom Gabrukiewicz's Outside column appears every Sunday in the Record Searchlight. He can be reached at 225-8230 or at tgabrukiewicz@redding.com.
Thom Gabrukiewicz, Redding Record Searchlight.
December 08, 2002
With the ongoing misdemeanor battery prosecution of Robert Earl Edsall of Castella for allegedly throwing rocks at an angler on the upper Sacramento River, here are a few final thoughts on the matter:
The river is for everyone's enjoyment, whether it be fishing, kayaking or swimming. A landowner's deed might say it's good to the middle of it, but the public has the right to use the waterway — and be granted reasonable access to it.
Because you can float a vessel on it.
"We'd like the word to get out, that it's real clear that the Sacramento River is a navigable waterway and that anyone has a clear right to use it up to the high-water mark," Shasta County Senior Deputy District Attorney Howard Welch said Monday. "The water in that stream belongs to the people of the state."
Bill Lynch, editor of the Sonoma Index-Tribune, was fishing on the upper Sacramento River in September when he said two men approached him, started shouting about trespassing, then one or both started throwing rocks and pebbles after Lynch shouted back that he wasn't trespassing.
Lynch said he was 10 feet from shore in knee-deep water when the incident occurred on Sept. 19. Lynch and his wife were staying at rental cabin along the river, about six houses up from the property owned by Teddy Ray Lee of Castella.
Lynch said last month that he was disappointed with the Shasta County district attorney's office for not filing charges that address the right of anglers, paddlers and others to use the waterway for recreation.
I'm not. The DA's office put in the time to investigate the issue and came up with its only legal solution: a misdemeanor battery charge against Edsall, based on reports completed by the Shasta County Sheriff's Department.
The DA's office actually used a 1971 case concerning the Fall River, where landowners strung barbed wire across the stream to keep anglers from floating it.
That obstruction was easy to prove. It wasn't so clear in the Castella incident.
"You have to have an obstruction to the use of a waterway," Welch said. "A pattern of assaulting people would be an obstruction of use."
Guide Bill Carnazzo of Newcastle complained to the DA's office in October that Lee allegedly tossed rocks at him, as well as a client, two years ago.
But he didn't file a report. There was no investigation.
"We can show no positive evidence of previous involvement," Welch said. "No one can identify those who participated in the harassing conduct."
In Lynch's case, words were exchanged; Lynch was pelted with pebbles and used a two-way radio to call his wife, who then called the Shasta County Sheriff's Department. A report was made. There was a paper trail to follow.
The area in Castella is a nice little fishing spot for native rainbows. Nothing huge, mind you, but nice fish. There are other, better, spots. But from here on out, people should feel safe to fish in Castella.
But this case shouldn't be seen as an open invitation to trample across private property to get to a river, stream or lake. Anglers and other water recreationalists need to respect the rights of the landowners who live along California's waterways. They've paid a premium to live there.
Ask if you can cross their land. Strike up a conversation, get to know them. Be friendly. Pick up your trash. Leave the smallest impact on the resource. And be a good steward, since nothing sours landowners more than people who use a resource — but won't respect it.
I expect the misdemeanor charge — whatever the outcome — will go a long way to solve the problems in Castella. So does Welch.
"We certainly hope it will deter the rock thrower who was acting out on behalf of the landowner," he said. "And we certainly hope that the friend, the landowner, gets the message to what's happening here."
If it doesn't, then the DA's office will put together a case that addresses an obstruction, based on a pattern of harassment. But only if people get involved.
"If it happens again, people need to report it, document it, so it shows a pattern," Welch said. "And we'll make sure people are held accountable. If people obstruct the right to use a waterway, we'll take appropriate action."
Thom Gabrukiewicz's Outside column appears every Sunday in the Record Searchlight. He can be reached at 225-8230 or at tgabrukiewicz@redding.com.
