Private boating threatened in Colorado

[COMts]

There's a bill in the Colorado legislature that has the potential to create two classers of Colorado river users: commercial operators and private boaters. Private boaters could be subjected to civil trespassing charges while commercial operators would not if the bill passes in its current form. Apologies for the length of the following "action alert" but this information needs to get out.

Thanks, matt

PROTECT YOUR RIGHT TO FLOAT AND FISH!
Proposed legislation protects river outfitters but private boaters could still be subject to trespass violations for floating on any river in Colorado!

ACT TODAY TO LET YOUR STATE REPRESENTATIVE KNOW THAT THE “RIVER OUTFITTER BILL”DOES NOT GO FAR ENOUGH!

What HB 1188 will do
If passed, HB 1188 creates two classes of water users. Commercial rafters would enjoy access to all streams where they currently operate and be able to avoid trespass charges. But those who cannot afford to pay, or who choose not to pay for stream access, such as recreational anglers or private boaters, would remain subject to trespass violations. Moreover, the language in the bill protecting commercial rafters clearly implies that others are not entitled to protection, and thus could embolden private landowners to bring actions against private users of Colorado waterways.

Such a system runs contrary to the clear language in the state Constitution. Article 16, section 5 reads, “The water of every natural stream . . . within the state of Colorado . . . is hereby declared to be the property of the public . . . dedicated to the use of the people of the state, subject to appropriation.”

Status Quo
Current Colorado law greatly limits stream access to the public in favor of landowners who own property adjacent to streams or lakes. Right now, private anglers or commercial rafters floating down a Colorado waterway, adjacent to private property, are liable for a civil trespass violation. If they portage around an obstacle or “touch down” on that same waterway, they could be prosecuted for a criminal trespass. The status quo denies the public’s right to stream access and threatens the state’s rafting and fishing industries.

Stream access laws in neighboring states
Colorado has arguably the worst stream access laws in the West. Although they are generally portrayed as more conservative politically, our neighbors do a much better job of protecting public access to streams.

Wyoming allows the public to recreate in waterways capable of floating a craft. And if a waterway is capable of floating a craft, regardless of a privately-owned streambed, then the public may incidentally touch the stream banks or beds with a watercraft, paddle, oar, or angling equipment – and even disembark to portage around obstacles.

Montana also grants access to the public for waterways that are capable of being used for recreation – including the right to wade into streams – up to the high water mark. That’s been the law in Montana since 1984.

And finally, just two years ago, the Utah Supreme Court held that the public has the right to wade into the stream and touch the bed or banks on any Utah waterway – navigable or otherwise.

HB 1188 is unprecedented in carving out special rights for a narrow group that has the ability to pay for the right while effectively denying that right to all others.

Procedure
The bill is scheduled to appear at 1:30 p.m., on Feb. 8, in the House Judiciary Committee. If passed, it then must be approved by the full House. Then it must go through the same process in the Senate before it goes to the Governor.

What you can do
Call or e-mail the bill sponsors or your state representative or senator. Tell them stream access should be for all of the public, not some of the public.
House Sponsor: Rep. Kathleen Curry (Independent, Gunnison)
• repcurry@gmail.com
• 303.866.2945

Senate Sponsor: Sen. Mary Hodge (Democrat, Adams County)
• senmaryhodge@gmail.com
• 303.866.4855

For more information:
To find contact information for your state senator or representative: http://www.colorado.gov/cs/Satellite.../1200536134915

For recent Denver Post article on this issue: http://www.denverpost.com/ci_14303397

Contact
For questions, contact Jeff Candrian, a co-founder of CU Law’s SAFA (Stream Access For All): Jeffrey.candrian@colorado.edu

[RootSkier]

What happened?

[Storm11]

Cleared the panel. Now it goes on to the full House. Any private boaters in CO should be contacting their representatives ASAP to try and get non-commercial use added to the bill.

[bobbuilds]

I fuckin' dare them.........

[gravitylover]

That sux! Of course they hit this in the middle of the winter when most people won't be thinking about it or paying attention. What a mess it will create in the spring/summer when they head to their spot and find out they can't use it anymore.

[RootSkier]

Colorado access laws suck beyond belief, what a shame. Hope it works out for you guys.

[Conundrum]

Is AW involved?

[RootSkier]

AW has a full time person in Colorado who does nothing but work on access issues there, so I'm gonna guess that they are.

[QuikR12]

I sent an email to the House and Senate sponsors expressing my concerns, and got this in response:

Hi Quik,


This bill does not “restrict” public access but does not allow them protection from civil liability should they portage or trespass on private property. We did this to find a place where private property owners and commercial boaters could both be protected and continue to thrive.



Thanks for your interest in this bill. It has passed the House and is on to the Senate.



Please call us in the office with any questions, concerns, or comments.



Tiffany Neuendorf, aide

o. 303-866-2945

[0BernhardFranz]

these folks are so rad I mean from my kajakker and power boat racer perspective commercial shipping acts like it owns the river this guy was trying to cut my hands of with his screw to secure his place

[assgasorgrass]

Just yell at the top of your lungs as you're floating by:

I'M BELOW THE HIGH WATER MARK, GO ______ YOURSELF!