River Access issues   

Cache Creek Access

Dear Sequoia Paddlers and Friends,

I have been working for the last year writing letters, talking to local folks, extracting information from Yolo County Maintenance and Yolo County Legal Counsel and gathering legal advice from (NORS) the National Organization of Rivers (Eric Leaper). The issue is access to Cache Creek at Rumsey Bridge on County Road 41.

Since January 2010, the landowners on the east side of the bridge, have piled huge amounts of debris right up to the edge of the bridge, on each side of the road, making boat access impossible. They have blocked access with up-rooted fruit trees, huge stumps, wire fences and anything else they could find. I can look over the bridge on both sides and see well worn paths.

Jim Campbell from Yolo County Maintenance reports “the width of the public right of way along County Road 41 is 40 feet. The width of the bridge at the eastern end of the abutment flare is approximately 34 feet. The County has not issued any encroachment permits for fencing within the right of way.”

Eric Leaper from NORS says “the courts have confirmed the public right to get from road bridges down to rivers. The different feet of width vary from place to place, but the overall requirement is a usable public path from the road down to the river.” In this case it is 6 feet. That is from the center of the bridge, so 3 feet on each side of bridge, as I understand it.

Philip Pogledich, Legal Counsel to Yolo County has suggested that “the legal issues are not as straight forward as Mr. Leaper indicates.” He continues to say “It is possible that if the use of this access point does not go back at least 20-30 years, there is no public right of access.”

I have in my possession 6 books that list Rumsey Bridge as a put-in or take-out point. One of those books is copyrighted in 1972, two of those books are copyrighted in 1973, another in 1974, another in 1997 and another in 2001. I can provide all of these books to Philip Pogledich. One of these books (1972) actually shows a picture of tandem canoeists floating to the Rumsey Bridge take-out.

This is where I need help: my use of the Rumsey Bridge access dates back only 10 years and apparently, this is not long enough. I need personal testimonies, regarding historic use of this access point by the boaters, anglers, swimmers etc..that used Rumsey Bridge for recreational purposes 35 to 45 years ago and earlier. It is one thing for the river guide books to suggest access and another that boaters actually walked the path to the river. I am asking anyone (please), who personally floated Cache Creek and used Rumsey Bridge thirty to forty five years ago to write a brief, signed statement indicating how long ago and even how often they used this access point. Feel free to write longer detailed accounts.

If you feel compelled to help I would greatly appreciate it. Rumsey Bridge is to be replaced within the next 5 years. If the bridge is widened, the 6 foot public easement may be history. If long term usage is proven now, public access may be reinstated.

Please address statements to Philip Pogledich: Legal Counsel to Yolo County.

Please mail to:

Shawn O'Brien
1031 Maple Avenue
Ukiah, Ca. 95482

I will hand deliver statements to Philip Podledich

If you require more information or can assist in any way, feel free to contact me at [707]472-0353 or fitnessonthemove@pacific.net

Thank You So Much,

Shawn O’Brien