A baptism is held during the 1940s at the Double Ford, a longtime gathering spot that some landowners want closed to the public.

The Virginia Department of Transportation has placed guardrails along Butler's Store Road to prevent public access to the Double Ford swimming hole, a popular recreation spot since Colonial times.

Dispute over public access to popular swimming, canoeing spot in Culpeper springs to life again

By DONNIE JOHNSTON

Date published: 4/9/2006

The weather may still be cool, but the debate over recreational use of the Hazel River in northwestern Culpeper County is already heating up again.

A Sept. 29, 2005, opinion by Commonwealth's Attorney Gary Close declared that landowners on either side of the river may prohibit swimmers, fishermen and canoeists from enjoying the state stream, even if the users never set foot on either bank.

"It is my opinion that the riparian owners in the Gourdvine area own the riverbed and therefore, like any property owner, may control the use of the riverbed and its surface," Close wrote in a letter to Sheriff Lee Hart. He based his argument on a Virginia law regarding king's grants.

The volatile situation was further enflamed over the winter when the Virginia Department of Transportation placed guardrails along Butler's Store Road to prevent public access to the Double Ford swimming hole, a popular recreation area since Colonial times.

VDOT Maintenance Director Bob Moore said the guardrails were installed partly because of complaints by landowner Ben Grace and partly in response to Close's opinion, which suggested such action.

While it will likely take the onset of summer weather to bring out a response from swimmers, area canoeists are already up in arms because the Double Ford beach was one of the few public accesses to the Hazel for paddlers.

"I think it is ridiculous," said Rixeyville resident Rick Furnival. "People have been going in the river there all my lifetime."

Attorney and canoeist John Ragosta agreed.

"I feel there ought to be access there," Ragosta said. "I hate to see that stopped."

Ragosta took part in an informational meeting with Hart, County Administrator Frank Bossio and Supervisor Sue Hansohn last Monday to try to find a solution to the problem. He said Close has not replied to e-mails he sent.

"I wanted to know if there is anything the county can do about allowing access to the river," Ragosta said. "About the only thing I found out [at the meeting] is that the matter has become further complicated because VDOT has gotten involved."

Ragosta, who owns bottomland two miles downriver, also is concerned about Close's opinion that canoeists cannot use the Hazel without the permission of landowners on both sides.

Close said Virginia law does not establish boaters' rights, as other state codes do. A canoeist approaching a section of the river that has no-trespassing signs must turn around, he said.

"To me, this is more a property-rights issue than anything else," Close said.

In his September letter to Hart, Close wrote, "The [Hazel and Thornton] rivers have no history of commercial use" and therefore should not be considered navigable and open to the public.

Date published: 4/9/2006