Clear Lake is owned by the State of California and administered under the Public Trust Doctrine, which dictates that you and I, as citizens of this state, have the right to access this body of water 24/7. This right cannot be revoked.

The Department of Fish and Game has jurisdiction over closing a body of water to fishing or hunting for specific reasons, but they can't legally stop you from accessing the lake for boating, swimming, etc.

Closing the lake to public access would violate the Public Trust Doctrine.

What that meeting failed to mention was about birds transporting the mussels from one body of water to another.

Cache Creek is the only natural outlet of Clear Lake. The creek runs 79.8 miles and feeds into the Sacramento River. Otters arrive into Clear Lake via traveling from the Sacramento River. They could possibly carry the mussels in, or out of Clear Lake.

Closing a body of water would mean no release of any water from that source. Yolo County owns the water rights to Clear Lake and are irrevocable, unless 1) they fail to use the water, or 2) fail to adhere to the Solano Decree for discharge from the lake via the Cache Creek Dam. Closing the lake would violate their water rights.

I don't believe the state could feasibly close Clear Lake without legal ramifications.

Just my honest opinion.

Franz Bingel lives in Clearlake.

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CatfishEd Registered | 03-24-2008 11:17:34 Well put Franz, I agree with you for a change.

smurf - facts 4 fauna-phobe Registered | 03-24-2008 11:31:23 1 #.the state CAN close the lake, though there is no reason to, even in the worst case scenerio locals would still be able to use the lake. Look what they did to Lake Davis-closed it AND killed everything in it! 2 #. you can't "shut off" Clearlake if the water level is high. 3 #. birds cannot carry mussels from one lake to another, unless they are African swallows, and even then they'd have to use a piece of string tied between them. Otters? What the hell Franz, you think they have pockets? Swim up cache Creek with a mouth full of mussels? You try that! So genius, any usefull ideas on how to stop the quagga?

superstarr60 - smurf - you Registered | 03-24-2008 16:50:01 making too much sense! last comments were to humorous,

DerBingel - In reply to Smurf's comments: Registered | 03-31-2008 01:24:27 In reply to Smurf's comments: 1) Yes, the state/county can/will temporarily close Clear Lake to all boating during emergency situations, such as when the lake level is at, or above flood stage, to prevent further damage to shoreline structure by boat wakes, just as they did for areas of the Delta System a few years back when heavy rains/high tides threatened to breach/collapse levee systems. Clear Lake is not at an emergency scenario where it warrants for the state to close it. Quagga mussels are within bodies of water in southern California, but the state has not closed them off to boating. It may be possible to eradicate quagga/zebra mussels, if they are in small masses and low density, but on going studies are still in progress how the state will do this. Currently, there is no final solution to eradicate the mussels, but the best possible application now is to minimize their mass introduction via transportation of overland trailered boats from other bodies of water by way of inspections and cleaning stations. Your reference to Lake Davis... different situation. The state had been dealing with eradication/control efforts of the illegally introduced non-native highly invasive northern pike species since 1997. Since their introduction, the pike had flourished and slowly decimated the lake's fishery, although chemical eradication and physical removal to control their population was implemented. The main concern was to prevent the introduction of pike to other bodies of water, especially the Delta system. Through extensive environmental assessment, the USFS and DFG worked closely together with Plumas County involving the Lake Davis Northern Pike Eradication Project. This required a temporary public safety closure while the Lake Davis watershed was treated with a new form of liquid CFT Legumine (rotenone), which began in September of 2007. DFG started to restock the lake in December of 2007 with an initial load > 31,000 Eagle Lake trout in the 1.5 - > 3 lb. range. Further stocking is scheduled during 2008. Lake Davis was reopened on 1/18/08, after the Department of Public Health confirmed no detectable levels of the chemicals used to treat the reservoir remained in the surface waters of the lake. When California became a state, all natural bodies of water/rivers/streams became ownership and jurisdiction of the state, in which the Public Trust Doctrine was formed to ensure residents and commerce had public access to these waterways. You can view these rights on the state's website. 2) No, you can't shut off the water from Clear Lake. Contrary to public belief, Yolo County's operation of the Cache Creek Dam cannot prevent Clear Lake from flooding. The narrowness of Cache Creek, along with the natural rock sill formation, known as the Grigsby Riffle, restrict the flow of water going out of Clear Lake. In heavy times of extensive rainfall, the influx into the lake will exceed the effluent at the dam, regardless if the flood gates are wide open. There will always be the possibility of Clear Lake flooding, as it has in previous years. My reference to Yolo County's water rights was due to the fact they will start to draw water from Clear Lake after May 1st for their agricultural use. Quagga mussel larvae are free drifters. It may be impossible to prevent their spread downstream. Even if the state were to close Clear Lake to boating, water pulled for Yolo County's use could possibly carry the larvae into their system of waterways. 3) DFG has documented several species of fish and diving ducks have been known to eat quagga/zebra mussels. Egrets, great blue herons, kingfishers, pelicans, seagulls, osprey, bald eagles, otters, grebes, and many more... all can come into contact with these mussels. Mussels can be 1" in diameter, sometimes they are larger, sometimes they are microscopic. They attach to aquatic plants, pilings, seawalls, etc. They can survive out of water 3-5 days in the summer, depending on temperature and humidity. They can survive up to 30 days out of water during the winter. Mussels, or their eggs, can get detached and become embedded within feathers, and fur, such as with otters. The mussels can attach to hard, or soft surfaces. Osprey and bald eagles can scoop up a fish that has recently eaten mussels and carry that fish to another body of water, although unlikely at Clear Lake, but still a possibility. While the fish is being eaten, the contents of it's stomach falls out into the water. Mussels could still be alive. These scenarios may seem far fetched, but they are possible. There is a lake in southern California, that has never allowed boating, yet, it is has quagga mussels. How can we get rid of them? Good question, but for now... the most viable action is minimize their mass introduction into our waters. The inspections and cleaning stations are a good first line of defense. It is the location and how they are facilitated that produces the challenge for Lake County. PS, I'm no genius, but I do have the basic intelligence to reference facts, before making comments that can't be substantiated.

Donna Christopher - Can't the state just Author | 03-24-2008 15:51:25 declare Clear Lake a drinking water reservoir? Hey, it would kill tourism just like the quagga could but at least we'd have drinking water.

DerBingel - Vector Control Registered | 06-17-2008 03:30:44 There is a good possibility the mussels are already here in Clear Lake. Anglers and recreational boaters have been coming here from other infected waters long before the mussel ordinance became an issue. Expect local water companies to start surcharging for additional maintenance expenses when these mussels are found in Vector Control's weir locations around the lake.

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