Stotan Falls has Reopened to the Public!
Many of us in the Comox Valley have long since enjoyed visiting Stotan falls for years. A few years back, landowners 3L Developments closed access to all. The later implemented toll booths and began charging daily fees for access to the popular swimming hole.
This year, President Dave Dutcyvich has changed his tune, claiming that, “I just decided to put it down”, referring to the tool booth. “Let the public use it,” he said. “I like to see the kids have lots of fun…I’ll pay the insurance”.
While his decision to open the river back up to all will be very welcome news to locals, it may not be a permanent solution. If you love Stotan Falls, be sure to get your fill this year as the future is uncertain. Never know if he may flip-flop!
The original closure was in protest to the regional district and their denial of his building proposals – perhaps Dutcyvich has learned that you catch more flies with honey. Personally I am not sure how I feel about the proposed mass development for the area, but this does help to restore a little respect. Like many, I grew up visiting Stotan falls as a child and young adult and hope that my children will get the same opportunity to enjoy this magical part of the Comox Valley.
Want to Learn More About Stotan Falls?
Visit our Stotan Falls page to learn more about the falls, find directions, read recent news and discuss the falls with our commenters.
Looks so beautiful! Would love to check it out!
Is the falls area closed or has it reopened ?
Hello,
I have included some riparian rights legislation facts for those who are uninformed as to what their rights are concerning access to water bodies in British Columbia. The BC Real Estate Law Blog posted on April 7, 2011 quotes some of this legislation: Who Owns the Water?
All water in BC is owned by the Crown and strictly regulated. As property lines extend to, but do not include the foreshore, the upland owner has no rights to use or “possess” the water, only a right to access. A license from the Provincial Crown is require to use/ possess.
Waterfront Boundaries Can Change
The Crown owns all property which exists below the high water mark therefore if the high water mark changes, the property boundaries will change. A new survey is required to re-define the property after erosion (loss) or accretion (gain), especially for:
Property tax issues
Building on property (building envelope)
Building on water (dock location)
General Public has a Right of Access to Foreshore.
In Minor v. Van Ewyk, 2008 BCSC 558 the Court said that “the foreshore is open to public use…. The only rights the [land owner] may assert are her common law riparian right to unrestricted access to and from the water frontage, and the right conferred under a “License of Occupation””. It is important to know that the document says “ALL” Water in BC is owned by the crown. It does not provide a list of water bodies in exception to the document but says “ALL”. Regardless of what the owners of the adjacent property think, they do not own the riverbed as they claim to do so, and do not have the right to restrict access except through their own private property. Thanks for your time.