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by Alex3917 4743 days ago
"all beaches in California are public from the water to the high tide line."

There is also a federal law that makes all navigable rivers open to the public up to the high water line. However, as far as I know there isn't any database that contains a list of all the rivers that are considered to be navigable, meaning that actually using this protection might require an expensive affirmative defense.

7 comments

Relevant: A group of kayakers rode down the LA river to prove that it was navigable and therefore eligible for protection.

http://laist.com/2010/03/02/documentary_following_kayakers_i...

The Army Corp gives guidance on what defines a navigable waterway: http://www.nap.usace.army.mil/Portals/39/docs/regulatory/reg...

It should be noted that rivers and streams shift over time and so there is no comprehensive list of navigable waterways.

Interesting. I hadn't realized there was an underlying federal law, since different states I've lived in have very different state laws as well. Lots of good information here: http://www.adventuresports.com/river/nors/us-law-who-owns.ht...
As a whitewater kayaker in Texas, I can concur with this saving us. But the police don't often know the federal law and will still harass or arrest you.
Also, federal law won't necessarily save you in court, unless you have the money and time to escalate. I took a traffic fine to court once, showed the judge copies of the federal regulation and photos of the area proving that the signage was invalidly placed, and he upheld the fine anyway--he literally said "I don't care."
Even state supreme courts seem to sometimes have trouble determining what "navigable" means.

http://www.supremecourt.gov/opinions/11pdf/10-218.pdf

In virginia the courts have sided with land owners that claim rights the the river were granted to them by King George. http://www.blueridgeoutdoors.com/fly-fishing/fishermen-vs-th...
Once someone finds or gathers this data it would be great to put it into Open Street Map.