OROVILLE - Emotions are running high on Lake Oroville this Fourth of July among more than 800 boat owners who have received eviction notices.

The boaters feel they are caught in the crossfire between the state Department of Parks and Recreation and Bidwell Canyon Marina management.

Frank Moothart,who built the marina 40 years ago and has managed it through FunTime FullTime, learned in February that his lease was not being extended. On June 26, he told the boat owners to have their vessels off the lake by Aug. 1.

That prompted the state on Wednesday to serve Moothart with a breach of contract notice.

The disagreement has sent ripples of worry disrupting what otherwise could have been a restful weekend on the water.

Bay Area resident Frank Pisa has leased a buoy at the marina for his houseboat since 1970, and members of his extended family have seven other houseboats there.

"This is supposed to be a relaxing place to get away from the stress of work," said Pisa, who thinks the Aug. 1 deadline for everyone to remove boats from the water is unrealistic and unfair.

Moving a boat can cost from $3,000 to more than $45,000,depending on its size and how far it will be moved, according to Nick Parker of T. Park Marine.

After six years of saving, Terry O'Malley of Brentwood, Contra Costa County, and his father-in-law Matt Minter of Marysville purchased their first houseboat from FunTime four months ago. "So, we're really pleased," O'Malley said sarcastically.

Neither knows why they're being asked to leave, but Minter thinks Moothart is angry " because he's basically got to walk away from everything." Pisa and other boat owners want to know: "Why Aug. 1?"

In a second letter June 30, Moothart told boat owners the marina assets must be removed from the lake by the end of December. By then the water level will be low enough that boat ramps will be out of the water, making it impossible to remove marina facilities, Moothart said. So he requested that vessels be removed by Aug. 1.

State officials deny giving Moothart a December deadline for removing his facilities. "We cannot ask someone to do something that is impossible," said Robert Foster, state park district supervisor for the Northern Buttes area.

Foster says Moothart is required under his current contract to provide marina services, including docks, buoys, a fuel station and store, until Dec. 1.

But because the state wants $3.5 million in upgrades to the marina, extending the existing lease was not an option, said Foster. The money is necessary to modernize the marina facilities to comply with state regulations.

There's a laundry list of different regulatory codes that new contract holders will have to meet, said Steve Feazel, a state parks sector superintendent.

Applications for the new 30-year contract are due to the state Aug. 12, Foster said. And anyone willing to provide $3.5 million upfront toward new facilities is eligible to apply, including Moothart.

But Moothart thinks the millions in upgrades are unreasonable and unnecessary.

"This is a perfectly fine marina," said the 90-year-old Moothart, who built a $600,000 restaurant in 2001 and says new cables are put in every month.

Many marina customers agree, including Placerville resident Jim Ahrens, who hopes the state will work with Moothart to keep the boats floating.

"It's not a five-star hotel," Ahrens said. "It's a simple, lovely place." For now state officials are "doing all they can" to prevent Moothart from enforcing the Aug. 1 eviction, Foster said.

While it's up to each individual whether to pull a boat out of the marina, state officials are not requiring anyone to remove boats and have given Moothart until July 30 to rescind his eviction demand.

Doing everything possible to keep boats in the water seems to be the only action everyone involved can agree on.

"We have to reach a middle ground to protect the boat owners," Moothart said.

While an official plan for implementing thenew30-year agreement cannot be outlined until the contract is approved in September, fliers already are circulating among boat owners - some protesting the eviction and others petitioning for an extension of Moothart's contract. It may be a while before the waters are stilled.

Call The Bee's Nicole Williams, (916) 321-1045.