Well, to be exact, I do not believe the "creek" is public property. The water may be, but the mud and dirt under it may not be. The downstream people may have a right ot the water that it can not be dammed, but I am just not certain the creek is public property. But I am sure an attorney will chime in on this with certain knowledge.
I have done a quick search of the California laws and I don't see where creeks are public property to the high water mark. I see where the Costal Zone states the Ocean and beach up to the mean high water mark are public property, but no mention of creeks. That does not mean it aint so, it just means I did not find it in my state. http://www.leginfo.ca.gov/calaw.html
I do believe the creek does lie on PRIVATE prperty and you had to trespass to get to it.
Here is the article I referred to before about diving for balls. Pay particular attention to the crime and punishment section
http://www.scubadiving.com/feature/200211waterhazards/
Bopttom line is you have already answered your own question, without a contract and permission, you could find yourself on the wrong end of a citation.
I have done a quick search of the California laws and I don't see where creeks are public property to the high water mark. I see where the Costal Zone states the Ocean and beach up to the mean high water mark are public property, but no mention of creeks. That does not mean it aint so, it just means I did not find it in my state. http://www.leginfo.ca.gov/calaw.html
I do believe the creek does lie on PRIVATE prperty and you had to trespass to get to it.
Here is the article I referred to before about diving for balls. Pay particular attention to the crime and punishment section
http://www.scubadiving.com/feature/200211waterhazards/
Bopttom line is you have already answered your own question, without a contract and permission, you could find yourself on the wrong end of a citation.