BL levee fight settled By Matt Kapko Eye Correspondent The Arcata Eye 11-26-2002 A four-year long controversy stemming from the public’s desire for access to the Mad River Levee has been resolved. The Mad River Levee Access Group met last Wednesday to discuss an agreement reached by all parties in the dispute. While the agreement is not yet finalized, “All the issues have been resolved by the stipulation signed and received by the court,” City Attorney Richard Platz said. Being a citizen concerned with the issue, he’s offered consultation to the group pro bono throughout the process. The agreement will be decided upon by the board of supervisors when it next meets, he said. Manuel Morais, the property owner of the land which the levee crosses over, has disputed the public’s right to access for years. Attempts to reach him for comment went unsuccessful. In response to his attempts at keeping public access away from the levee, concerned community members formed the Mad River Levee Access Group to pursue an agreement to allow public access. As the group’s momentum and push for an agreement gained strength, it asked the county and state to look at the issue and offer its support. After the county and state jumped on board in agreement with the public’s right to access, Morais eventually came to an agreement and signed a deed for public access easement. David Glen, a Blue Lake resident and member of the group, said Morais has now agreed to recognize the public’s access to the levee and has given the public access to walk over it. “We’re pretty happy,” he said, “It took us about four years to get through it. It took (Morais) quite a while to come around. “The last year has been spent working out the details of the agreement,” he added. According to the agreement, the levee, situated along the Mad River near Hatchery Road, will remain open to the public from one hour before sunrise to one hour after sunset. Motorized vehicles and horses will not be permitted. Morais will maintain the “right to restrict access to the public easement for the purpose of moving cattle over and across the levee … during the months of July and August, and no more than two times each month,” according to the agreement. The cattle movements would only be allowed on weekdays between 1 p.m. and 5 p.m. and only after posting a notice at least 24 hours prior to the public restriction. Dogs on the levee will be subject to state law and local ordinance. The adjacent property owners maintain their right to take any lawful measures to keep dogs from harassing livestock outside the easement, according to the agreement. Morais will also receive $7,000 from the state to “improve the existing fence” and “other public access improvements.” Soon after the agreement is finalized in court and agreed to by the board of supervisors, the county will erect a sign at the entrance to the easement. The sign will include all the aforementioned provisions in the agreement. It will also include the hours of public access and state: “Keep dogs off agricultural fields” and “Dogs harassing cattle may be shot.” Home