What is the current state of the law on the right of the public to access all the waters of a navigable lake or stream?

California, United States of America


The following excerpt is from People ex rel. Baker v. Mack, 19 Cal.App.3d 1040, 97 Cal.Rptr. 448 (Cal. App. 1971):

In Wilbour v. Gallagher (1969) 77 Wash.2d 306, 462 P.2d 232, 238, the court said, 'The law is quite clear that where the level of a navigable body of water fluctuates due to natural causes so that a riparian owner's property is submerged part of the year, the public has the right to use all the waters of the navigable lake or stream whether it be at the high water line, the low water line, or in between.'

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