Know Your Rights

Know Your Rights

What Are My Rights if Approached or Harassed on a Navigable River?

California State Law protects your right to lawfully fish and hunt on a navigable river.

It is a violation of California state law for a person to willfully interfere with lawful hunting or fishing activities that occur on public land. “Interference with’ is defined as any action that “physically impedes, hinders, or obstructs the lawful pursuit’ of fishing.  “interfere with,” also includes placing or maintaining signs, gates, locks or barricades that prohibit or deny access to public lands.   You can look up: CA Fish and Game Code, Sec. 2009.

What should I do if I’m approached or harassed on a Navigable River?

  1. Know you rights. If you’re within the ordinary high water mark, you’re allowed to stand on the bank and fish the Truckee River.

  2. Identify Intimidation. We’ve had reports of local landowners threatening trespassing tickets, involvement of local law enforcement, and in some cases, brandishing and discharging firearms.

  3. Get Documentation and File a Report. If you experience any of these things, take out your phone and record a video, visit our website and file a confrontation report, and file a police report. If you are in Hirschdale, contact the Nevada County Sheriff at 530-265-1471.

Is the Truckee River a Navigable River?

What is a Navigable River?

As defined by the U.S. Army Corps of Engineers, Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

Is the Truckee River Navigable?

The Truckee River is a Navigable River. Some local landowners have made attempts to dispute this fact, but the Truckee River is without a doubt a Navigable River as determined by the U.S. Army Corps of Engineers in June of 2008.

What is the Proof that the Truckee River is Navigable?

Navigability of a waterway is determined by the U.S. Army Corps. of Engineers. You can download this from our Instagram Bio, or you can google ID SPK-2007-01872 and you will find the determination letter.

How do you access a Navigable river if it is surrounded by private property?

You’re allowed to access the river from any public easement, like a public bridge or other public right of way. In Hirschdale, the County’s right of way extends 40 feet from the center of the road to either side, and this creates a band of publicly accessible land on either side of the Hirschdale Bridge. Once you reach the river, you must remain within the Ordinary High Water Mark (OHWM).

You can also access a Navigable river by boat. From a boat, you can access from any public land and float down the Truckee River. You are allowed to anchor, wade, and walk the bank up the OHWM.