legal access to streams and lakes

M

mojo

Guest
Was wondering if all lakes and streams in BC are public property and if so up to what distance from the shoreline? Can anyone answer this or steer me in the direction to find this info. Thanks
 
Short answer is No. The band owns the streambed of the Big Q through their reserve according to the courts. Can't wade or drift it.

Long answer is I don't know what the rules in general are. Be interesting to find out.
 
Don't know if he meant the Big Q or not. I just used it as an example of the fact that a river is not necessarily public. If the Big Q can be private, others could be private also.
 
It has been a few years since I addressed this issue personaly. I was an avid stream fisher and I became enraged of the fences on private property blocking access to parts of the streams. When I looked into it I found out that for three feet on either side is public or crown property. No one can keep you from fishing that section of water. Maybe Native land is an exception. Stand up for your rights.:(
 
Author Message
Dan_Millsip
Paddler



Joined: Mar 09, 2005
Posts: 2804
Location: Langley, BC, Canada
Posted: Mon Jan 30, 2006 7:04 pm

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I received the following message from Paddlewise.net which was posted by Gordin Warner (and is being posted here with Mr. Warner's permission). There is a deadline of February 6, 2006 to respond. I hope that everyone who paddles in BC will send off an e-mail and take a stand on what is a clear violation of existing laws.



From: Gordin Warner <gwarner2@shaw.ca>
Subject: [Paddlewise] water access in British Columbia
Sender: owner-paddlewise@paddlewise.net
To: paddlewise@paddlewise.net
X-Listname: Paddlewise Mailing List

I hope all you paddlewisers who enjoy paddling up here in BC will lend us a hand and send a letter to the good folks listed below. The issue in a nutshell is that homeowners (and I suspect realtors) whose properties are bordered by a public beach access are lobbing the government to close or impose restrictions on these access points.

This will have a direct impact on kayaking as these points provide easy access for launching. If we loose them we may be faced with paying fees and launching from private marinas. I've nothing against doing that and in fact often do. However loosing a good launch site and having to drive and paddle long distances to get to a location that was once easily accessible galls me.

Help us out and send an e mail to the following.

Susan DeGryp, CRD director for the Southern Gulf Islands, directorsgi@crd.bc.ca,
Minister of Community Services Ida Chong, CS.Minister@gov.bc.ca, the Hon. Murray Coell, MLA for Saanich North and the Islands, murray.coell.mla@leg.bc.ca.


I've attached a draft of a letter I've sent. It may seem blunt but when dealing with mules and politicans you have to hit them hard to get their attention.

Dear Sirs,

It's been drawn to my attention that a number of BC property owners are attempting to limit access to the public beaches in front of their property. They want restrictions placed on public access points. I understand that they are lobbying to have public access points closed.

To do so would be a mistake. Property owners who are dissatisfied because they live or purchased property adjacent to a public access point have no one to blame but themselves. This is clearly a case of buyer beware.

Please don't waste your time and tax payers dollars on this issue. Just say no to the people who want to restrict or close public beach access points. Don't even open the door on this question. The answer must be no.

As a kayaker I know these access points play an important role in facilitating a growing and popular sport. This sport generates millions of dollars in revenue here in BC. To impose a hard ship on the industry and recreation opportunities just to satisfy a few malcontents would be an injustice.

Sincerly

Gordin Warner
Victoria BC



Mr. Warner had previously been sent an e-mail from BC Senator Pat Carney notifiying him of the situation.

This is the e-mail:


From BC Senator Pat Carney: Campaign to Protect our Public Access to Public Beaches

British Columbians in the Gulf Islands are at risk of losing our public access to public beaches due to the failure of B.C.'s Ministry of Transportation (MOT) to protect our legal rights in the face of opposition by some waterfront property owners.


Public access involves public land which provides access to other publicly owned resources such as beaches and oceans. A public beach is defined as land below the ‘high high’ tide, or winter tide mark. No waterfront property owner has exclusive rights to a public beach. Subdivisions must provide public access by law.


Efforts by Capital Regional District parks and recreation commissions to improve public access by clearing land, providing benches or signs on public land have been opposed by a few adjacent property owners. Some owners have chased people off the public beaches in front of their properties.


MOT officials, who administer public access lands, have offered some parks and recreation commissions only temporary one-year permits to allow people to use public access in case property owners complain. Other owners support the public’s right to use their legal access to reduce chance of inadvertent trespass.


Public access is a public right. People who buy land next to public access have the public for their neighbours. If you want to protect our historic rights to access our ocean beaches, pleases email Susan DeGryp, CRD director for the Southern Gulf Islands, at directorsgi@crd.bc.ca and copy Minister of Community Services Ida Chong, at CS.Minister@gov.bc.ca, and the Hon. Murray Coell, MLA for Saanich North and the Islands,
at murray.coell.mla@leg.bc.ca


The deadline for comments is February 6, 2006.
Ms. DeGryp and CRD officials will be meeting with MLA Murray Coell on February 10.


Yours sincerely,

Senator Pat Carney

Saturna Island

E-m: carnep@sen.parl.gc.ca

Tel: 1-800-267-7362
 
Also, we have a creek on some property on the Sunshine Coast. The highways department diverted another creek into it causing erosion and the eventual burying of our cabin and shed. To get around their liability, the government determined the creek was a "seasonal watercourse" and was not bound by any enivronmental issues nor was it liable for damage caused by their diversion of another seasonal watercourse.

Long story short.... due to that determination, when hikers claim they should have access to our property via the creek bed, we tell them where to go.
 
Well for 25 bucks you can get a free miners permit, and go where you please. Haven't used mine yet for fishing , but hey each prospector has thier own method . I bet some of those hikers tell you where to go as well.:D
 
Why is it $25 if the permit is free?

And yeah, some hikers have tried.... but they don't get past me! ;)
 
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