We’ve had some interesting developments on the river this year. We’ll be holding a gathering at Trout Creek Outfitters on November 12th, 2026, to share more. Come connect with members of our board of directors to learn more about our efforts to protect access for the public on the Truckee River. Learn about navigability, high water mark, what we have learned about bank access, and what to do if you are confronted on the river.
One of our board members was recently advised by a California Department of Fish and Wildlife warden that the only legal way to traverse the bank in Hirschdale was in the river with boots in the water. This contradicts agreements that have been made with various efforts at community meetings and is contrary to California law.
We have issued a letter and requested a response from the warden who took this stance. We have also invited them to meet with us. They have declined to respond. We were successful in getting a response from Chris Foster, the lieutenant supervisor of our local warden to reply to our concern on this matter. What we learned is that the following memo is the stance of the Department of Fish and Wildlife regarding enforcement on the Truckee River.
This was issued by David Bess, former Chief of Law Enforcement at CDFW:
LED staff –
I would like to provide enforcement direction regarding navigable waters and the Truckee River :
Under the state test for navigability, the public may use for boating and related recreational purposes in a lawful manner at any point below the high-water mark or high tide line any non-tidal or tidal water that can be navigated using a small oar or motor-propelled craft (“state test”).
In addition to boating, examples of recreational purposes include fishing, hunting, swimming, bathing, standing, wading along the waterfront, anchoring, picnicking, bird watching, and nature study.
The Truckee River is a navigable waterway under the state test, and therefore the public may use any segment of the river for boating and related recreational purposes in a lawful manner at any point below the high-water mark when the segment can be navigated using a small oar or motor-propelled craft.
Do not issue the public citations for standing on the riverbed or recreating below the high-water mark.
Officer focus while patrolling and contacting the public on the Truckee River should be enforcement of the Fish and Game Code and T-14 Regulations and conducting related inspections.
David Bess
Deputy Director
Chief of Law Enforcement
Department of Fish and Wildlife
______________________________________________________________________
We are also posting here the letter issued to multiple parties at DFW regarding this incident:
October 13, 2026
To: CA Department of Fish and Wildlife
We are a public non-profit corporation formed for the purpose of promoting and protecting public access to public waterways and other recreational areas. Since our inception as a non-profit organization we have worked with state and county officials to ensure the public access and use of the Truckee River.
It is our understanding that representatives of DFW have recently taken a position that an angler or user of the river can in fact use the river but he/she must have their feet wet or you will issue a trespass citation. Given that this position is contrary to the rules that have been established in the area and contrary to California law we are requesting that you provide written clarification on your position that a user of a navigable river may only access the river lawfully and once in the river must keep their feet in the water.
A public meeting was held at the Hirschdale Bridge in the Fall of 2024 which included attendees from the public, the Nevada County District Supervisor, The Nevada County District attorney, the California State Lands Commission, your predecessor and the landowners in the area. At the meeting the shoreline on the east side of the Hirschdale bridge was crossed with the affected parties. The meeting resulted in an agreement between the landowners and the county that the ordinary highwater mark was where the vegetation started. In short, a member of the public that lawfully entered the river corridor along the public easement at the bridge could in fact walk along the banks of the river. This did not give a member of the public the right to cross private property to get there, but once in the river bed lawfully an individual has the right to traverse the bank.
While TRPW does not agree with the actual boundary of the ordinary high-water mark, access was provided. At no point has anyone except the landowner East of the bridge ever taken the position that an individual who lawfully entered the river bank could not step foot on dry land. The reason such a position has never been maintained by state and local officials is because it is contrary to a significant body of law relating to the Truckee River.
The Truckee River is a navigable river. Notably, the U.S. Corp of Army Engineers has specifically identified the Truckee River as a navigable river based on its history and us. For your records, I have attached a copy of the Department of the Army, U.S. Army Engineering District, Sacramento determination regarding navigability. Importantly, the determination memo tracks the history and use of the river dating back to 1867 when it was used to transport commercial goods and logs downstream. The memo further declares that the river is “navigable in-fact” from the dam at Lake Tahoe to its terminus at Pyramid Lake.
Also attached is a memo from David Bess, Chief of Law Enforcement at CDFW that clarifies your department’s stance on the Truckee River’s navigable status, as well as more specific direction on enforcement efforts on the Truckee.
Given that the issue of navigability of the Truckee River is not in dispute, it is important to understand the rights of the public in connection to a navigable river such as the Truckee; the public has a right to utilize the river up to the high water mark. In Bess v. County of Humboldt, a California appellate court addressed the very issue and held that the public has a right to use a navigable river and the riverbed up to the ordinary high-water mark for navigation, fishing, recreation and other permitted purposes. The court explained that, although an adjoining landowner may hold title to the land between the ordinary low and high-water marks, that ownership is subject to the public trust and does not give the landowner the right to exclude the public who is lawfully fishing, recreating, or otherwise using the Truckee River is not required to remain with his/her feet in the water in order to exercise those rights. The public’s right extends to the riverbed up to the ordinary high-water mark, and Bess makes clear that use of the area for fishing and recreation is among the uses protected by the public trust.
As you know, the Hirschdale corridor on the Truckee River has historically been used by the public for rafting, fishing and recreating. In fact, many people have used that area for generations. Given the importance of that area to the public, your recent actions have not only impeded the public’s right to access the area, it has also caused confusion. Accordingly, we request that you clarify your position in writing and in conformity with California law. Thank you for your attention to this matter.
Sincerely,
Truckee River Public Waters
Co-signed:
Trout Unlimited Truckee River
