I have hiked up Sespe Creek many times during nearly 30 years in Fillmore. Apparently the property owner at the end of Grand Ave. has decided that he and his chosen few alone are now permitted access to this famous, 32-mile canyon watershed.

It's been a long time since I hiked the Sespe but I will give it another try this weekend if the weather cooperates. But my effort to enter the Sespe again will be met with much more difficulty than in previous years. This, because a heavy steel cable fence has been constructed from the property owner's house, along the roadway for perhaps two hundred yards. This fencing has cut off all the parking area leading to Sespe Creek access.

I've had confrontations with the property owner in the past, if the same man still owns that area. I have a bias here since I had to report the land owner's conduct to the Sheriff's department. On one occasion he threw rocks at me from his perch some 20 feet above the water. On another, he scrambled down the cliff to personally confront me, which was also reported. I have "served" him with papers showing the public right to pass through his property but he was unimpressed. Neither was I as I continued north.

For more than a hundred years citizens of Fillmore have enjoyed trips up the Sespe, often to places like Swallow's Nest and Devil's Gate. The Sespe leads into true pristine wilderness, the land of the condor sanctuary.

On too many occasions in the past various owners of the property, which encompasses the Sespe entryway, have sought to stop public access. Most of us respect private property, as a sacred constitutional right. But it's not an absolute right; it can come with reasonable restrictions, such as easements for important public use. The property enclosing the entry to Sespe Creek is such an area. The property owner may have fee title to the land, but he owns it only subject to a public use easement.

In this case the public's right is much more than a mere easement, it is a state constitutional trust guaranteeing public access and use. Between the high-water mark and the creek bed the public has a constitutionally guaranteed right to enter, and use the area for any lawful activity. Blocking such right of entry can be a criminal offense. The high-water mark in this place in the Sespe is the top of the western bank.

The public's right to enter and use Sespe Creek is based upon the fact that California has determined it to be a "navigable river" under several statutes, supported by case law. It makes no difference if the Sespe is dry as a bone in some years, it is deemed a "navigable river" in law and as such the public cannot be denied entry and use.

In a case involving Piru Creek the court said: "...It is equally well established that although abutting landowners own the land between the high-and low-water marks, their ownership is subject to a public trust for purposes such as navigation, fishing, and recreation." Bess v. County of Humboldt, (3 Cal App 4th at 1544, 5 Cal Rptr. 2d at 399).

Let it be clear, I am not a lawyer. This information was provided by the American Whitewater association which specializes in such cases.

So, the public may access Sespe Creek whenever it wishes, to fish, hunt, camp, or recreate in any lawful manner. According to my research, the fencing at the southern entry to Sespe Creek, which impedes public access, and the sign which threatens trespass proceedings against those who dare to enter the Sespe at the end of Grand Avenue, are unlawful.

At this time complaints are being prepared with various governmental agencies, seeking the removal of all barriers to public entry to Sespe Creek. This includes the Environmental Protection Agency.

Enjoy your hikes - and please report any personal confrontations with the property owner in question.

P.S. I will be making a photo hike up the Sespe this weekend or next. I'll let you know how it goes.