An issue-by-issue look at why Independence Lake, a navigable waterway, owned by you is still being held hostage by a conservation group. This issue’s focus is on the public’s right to access this “Gem of the Sierra”. The California Department of Fish and Game 2011 Freshwater Water Fishing Regulations identify Independence Lake as open year around for fishing with several provisions to protect the Lahanton Cutthroat. The Nature Conservancy (TNC) has closed the lake for the season and currently has a locked gate on a county road effectively precluding the public from exercising its right to access year around. How did we get here? It sure gets tiresome responding to the same old misnomer, “TNC bought the lake and did it with private donations”. This couldn’t be further from the truth. Friends of Independence Lake has repeatedly pointed out that you, a citizen of this great nation, own the lake and have a right to access it year around; it is after all held in trust for you by the California State Lands Commission. Unfortunately TNC and the decisions of the Sierra County Board of Supervisors have severely restricted your access. The land around Independence Lake was purchased by the TNC with your tax dollars in attempt to protect you from yourself. Any guess why this spectacular pristine lake is so perfect? The answer can be found within its traditional users who have used and protected her so well for so long. Over 98% of the monies used in the land acquisition, $15 million were from you the taxpayer and of course now the newly named “Independence Lake Preserve” is closed for the season. Millions of other tax dollars are currently being used for stewardship and improvements on the property as well, in today’s fiscal mess. Aquatic invasive species, a unique strain of the Lahanton Cutthroat Trout and a multibillion dollar non-profit conservation group have singled Independence Lake out and decided to “protect” her. Could it be more about a new user group, perhaps those who believe in quiet non-motorized boats and those who don’t carry guns to hunt and have the attitude of an “elitist”? Buyers beware: in the TNC’s Title Report, TNC was warned of the public’s right to access the lake including multiple types of recreation. The old owners have been criticized for restricting access in the past but the restrictions of the past owner were never this harsh and unreasonable. Hind sight is 20/20, I wish we knew then what we know now. Two wrongs don’t make a right! Sierra County Board of Supervisors have been requested multiple times to stand up for the rights of the people in regards to Independence Lake. Public access is the topic of this week’s story, in particular the direct violation of the Board of Supervisors to the Sierra County General Plan Policies which require the County to ensure adequate access to public lakes and reservoirs. The Parks and Recreation Policy element 5a mandates that the county must “[e]nsure adequate access to public waterways.” The Parks and Recreation Policy element 8a directs the county to “[e]nsure adequate access to public lakes and reservoirs.” The County has also claimed that it has “abandoned” portions of Independence Lake Road, which provide the public direct access to the Lake. However, any claim of abandonment by the County is illegal and in direct contravention of the well established legal rule that once a public road that provides public access to navigable waters is established, the county cannot legally abandon the road if it would destroy the right of public access to such waters. The Board of Supervisors have not helped the citizens of Sierra County in this matter. Their Planning Director can be quoted in a February meeting as saying that he did not even read the legal opinion of Friends of Independence Lake. Without such thorough review, what else is your Board of Supervisors willing to give away of your public rights? Issues such as these must have an objective and thorough review. Have you ever wondered who holds the Board of Supervisors responsible? The answer is you! Remember this when it is time to go to the polls a year from now. Stay current on the issues and please vote. Stay tuned for the next issue which will focus on the two roads that access Independence Lake and the illegal abandoning, gifting and mileage claimed of one such road. Independence Lake Untangled 3, Sierra County Road 351 As promised this issue will address the illegal abandoning/gifting of County Road 351, the old access from Highway 89 North at Sagehen summit which runs right into Independence Lake. Many old-timers remember making the journey from Truckee to Independence Lake via this road. A portion of this road was recently locked by the Nature Conservancy. Today Sierra County still continues to collect maintained road mileage funds on it and doesn’t put a dime back into it. Just recently, with assistance from Friends of Independence Lake (FOIL), the County has found the road again. Sierra County has maintained mileage records on this road since at least 1956 and has been collecting funds on 2.85 miles since then. This road, for 2.85 miles, travels from Highway 89 North directly to Independence Lake. Ironically the Director of Public Works claims a portion of it was given away with a “Handshake” and sites a 1962 document as proof. The county never had that authority to abandon any access to a navigable waterway. In fact, the County is remiss in not following legal procedure to abandon and/or gift a road. Therefore the County has illegally given away a portion of County Road 351 to a conservation group – giving away our public assets for no financial or access consideration. This should anger all of us. Our public tax dollars paid for this road – a road which provided our access to a public lake. In a Staff Report provided to the Sierra County Board of Supervisors the Director of Public Works even admits the County did not formally relocate County Road 351. County Road 351 is an example of having the right facts with no one to listen. FOIL’s attorney advised Sierra County Board of Supervisors that County Road 351 could not be legally abandoned, and that in any event, the County had not followed proper procedure to abandon a County Road. The Board, however, chose to listen solely to the evidence provided from one employee while ignoring all other evidence. In the legal opinion provided by FOIL’s attorney, Sierra County was advised “…..the county cannot legally abandon the road if it would destroy the right of public access to such waters”. In a map provided by a Sierra County employee after a visit to the lake with FOIL, the old alignment is shown in its entirety and crosses the outlet portion of the lake that is now currently the overflow ending in the old public campground. As shown in the several Sierra County documents, road 351 actually connects with the much contested county road 350 which remains locked just prior to the lake, with or without mileage lost in the 70’s. Therefore the two roads connect and form a loop to the lake, as shown in several Sierra County maps. Let’s demand Sierra County use the money they have collected over 30 years on County Road 351 and reopen and improve the public’s access to Independence Lake. The County legally cannot abandon or give away any portion of this road. Ask your Board of Supervisors to maintain our public assets! Next issue will give FOIL’s view of being “Put to pasture” with the Sierra County Water Resources Board.

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