Editing Lake Tahoe (section)

=====Nevada side=====
The accessibility of the Nevada beach-land below the high watermark has been the source of practical rather than legal controversy. The land is a public trust or easement under the [[Rivers and Harbors Act]], the [[Submerged Lands Act]], the several Coast Guard Authorization Acts,<ref name="33 CFR 329.4"/> but affluent beachfront landowners and their elected civic leaders maintain the land is effectively private under state law because state law enforcement is not charged with enforcing federal law.<ref name="US CONST ART X">{{cite web |title=US CONST ART X |url=https://www.govinfo.gov/content/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-10-11.pdf |quote=[[Tenth Amendment to the United States Constitution#Commandeering|Commandeering]] Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law. }}</ref> They dispute the high water mark itself by arguing that the state of Nevada has not agreed<ref name="RGJ">{{cite news |last1=Robinson |first1=Mark |title=Fact Checker: Are all Tahoe beaches public? |url=https://www.rgj.com/story/news/2014/03/09/fact-checker-are-all-tahoe-beaches-public/6209113/ |access-date=July 5, 2018 |publisher=Reno Gazette Journal |date=March 8, 2014 |quote=The land above the high-water mark is private property with no public access in California and Nevada}}</ref><ref name="watermaster">{{cite news |last1=Cudahy |first1=Claire |title=High water level damages Lake Tahoe beachfront properties |url=https://www.recordcourier.com/news/local/high-water-level-damages-lake-tahoe-beachfront-properties/ |access-date=July 13, 2018 |agency=The Record Courier |publisher=Swift Communications, Inc. |date=April 13, 2018 |quote=In the Zephyr Cove neighborhood Marla Bay, beachfront properties have suffered from two years of water levels well above the lake's natural rim, which sits at an elevation of 6,223 feet. ...the U.S. District Court Water Master...is required by law to keep the water below the surface elevation of 6,229.1 feet, the federal legal limit ..."I've pleaded with the water master to drop the lake, and he said he can't—he's bound by law," said Smith. |archive-date=December 19, 2020 |archive-url=https://web.archive.org/web/20201219151500/https://www.recordcourier.com/news/local/high-water-level-damages-lake-tahoe-beachfront-properties/ |url-status=dead }}</ref> to either a highwater level or [[Geodetic datum|datum]] with California and the [[Federal government of the United States|US]].<ref>{{cite web |title=USGS 10337000 LAKE TAHOE A TAHOE CITY CA |url=https://waterdata.usgs.gov/usa/nwis/uv?site_no=10337000 |website=USGS Water Resources |publisher=U.S. Geological Survey |quote=Maximum legal limit...6,229.1; Natural rim of lake...6,223; Gage Datum...6,220}}</ref><ref name="Tahoe Daily Tribune">{{cite news |last1=Hoffman |first1=Ryan |title=Pier review: Tahoe Regional Planning Agency board overturns decision on Zephyr Cove pier |url=https://www.tahoedailytribune.com/news/pier-review-tahoe-regional-planning-agency-board-overturns-decision-on-zephyr-cove-pier/ |publisher=Tahoe Daily Tribune |date=February 28, 2019 |quote=Pohl also argued the structure failed to extend beyond the high-water mark, as required under TRPA's definition of a pier. He pointed to "photographic evidence" showing that even at full capacity, Tahoe's waters did not extend underneath the structure....Topographical surveys that are part of the property's record show the structure stretches beyond the high-water mark.}}</ref> Some Civic leaders for the Nevada shore have been pushing a frivolous<ref name="33 CFR 329.4"/><ref name="U.S. Const. Art. VI">{{cite web |title=U.S. Constitution, Article VI |url=https://www.law.cornell.edu/constitution/articlevi |publisher=United States of America |quote=This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.}}</ref> [[states rights]] theory of property law—which intermittently nullifies federal easements whenever the lake level recedes—which has never been tested in [[United States district court|federal court]].<ref name="RGJ"/><ref name="28 USC 1331">{{cite web |title=28 U.S. Code § 1331. Federal question |url=https://www.law.cornell.edu/uscode/text/28/1331 |publisher=United States |quote=The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.}}</ref><ref name="U.S. Const. Art. VI"/> Instilling public fear of criminal trespassing is the core goal under the theory, which if actually prosecuted would be a risky power play. The [[sheriffs]] in Nevada are elected officials; [[false arrest]] can lead to an official's imprisonment and cost their electorate hundreds of thousands of dollars.<ref name="42 USC 1983">{{cite web |title=42 U.S. Code § 1983 - Civil action for deprivation of rights |url=https://www.law.cornell.edu/uscode/text/42/1983 |publisher=United States |quote=Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.}}</ref><ref name="18 USC 242">{{cite web |title=18 U.S. Code § 242 - Deprivation of rights under color of law |url=https://www.law.cornell.edu/uscode/text/18/242 |publisher=United States |quote=Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both;...}}</ref><ref name="18 USC 1001">{{cite web |title=18 U.S. Code § 1001 - Statements or entries generally |url=https://www.law.cornell.edu/uscode/text/18/1001 |publisher=United States |quote=whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years...}}</ref><ref name="18 USC 1519">{{cite web |title=18 U.S. Code § 1519 - Obstruction of Justice |url=https://www.law.cornell.edu/uscode/text/18/1519 |publisher=United States |quote=Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.}}</ref> To be convicted of [[trespassing]], one must be [[Burden of proof (law)#Beyond reasonable doubt|beyond reasonable doubt]] above the highwater mark, which under their states rights theory is an arbitrary fact to be found.<ref name="269 US 385">{{cite court |litigants=[[Connally v. General Construction Co.]] |vol=269 |reporter=[[United States Reports]] |opinion=385 |pinpoint=391 |court=[[Supreme Court of the United States]] |date=January 4, 1926 |url=https://supreme.justia.com/cases/federal/us/269/385/case.html |access-date=February 1, 2016 |quote=That the terms of a penal statute creating a new offense must be sufficiently explicit to inform those who are subject to it what conduct on their part will render them liable to its penalties is a well recognized requirement, consonant alike with ordinary notions of fair play and the settled rules of law, and a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.}}</ref><ref name="Tahoe Daily Tribune"/> The land is concurrently claimed by the [[Nevada Department of Conservation and Natural Resources]] (Nevada Division of State Lands).<ref name="NDCNR1">{{cite web |title=State Lands Portfolio Executive Summary |url=https://lands.nv.gov/uploads/documents/PORTFOLIO_Executive_Summary_LATEST_with_tables.pdf |publisher=State of Nevada |quote="Upon statehood, Nevada received title to all sovereign lands which are submerged beneath navigable bodies of water which at present include Lake Tahoe..."}}</ref><ref name="NDCNR2">{{cite web |title=State Land Office: Sovereign Lands |url=https://lands.nv.gov/authorizations-and-permitting/state-land-office |publisher=State of Nevada |quote="Upon statehood in 1864, title to the bed and banks of navigable water bodies passed from the federal government to the new state. It’s important to note that there are currently a limited number of sovereign lands that the state claims; not all of Nevada’s lakes and rivers are considered state owned. Here’s a list of state owned sovereign lands:...Lake Tahoe, Truckee River...The state owns the bed and banks of these bodies of water, generally to the ordinary and permanent high water mark."}}</ref> It is a crime to prevent or obstruct use of Nevada state lands.<ref name="NRS_202.450">{{cite web |title=NRS 202.450 |url=https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-202.html#NRS202Sec450 |publisher=State of Nevada |quote="it is a public nuisance for any person:...By force, threat or intimidation, or by fencing or otherwise enclosing, or by any other unlawful means, to prevent or obstruct the free passage or transit over or through any:...State land or other public land; or...Land dedicated to public use; or...To knowingly misrepresent the status of or assert any right to the exclusive use and occupancy of...state land or other public land or land dedicated to public use, if the person has no leasehold interest, claim or color of title, made or asserted in good faith, in or to the...state land or other public land or land dedicated to public use"}}</ref><ref name="NRS_202.470">{{cite web |title=NRS 202.470 |url=https://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-202.html#NRS202Sec470 |publisher=State of Nevada |quote="Every person who:...Shall commit or maintain a public nuisance, for which no special punishment is prescribed; or...Shall willfully omit or refuse to perform any legal duty relating to the removal of such nuisance; or...Shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor."}}</ref>