Summit County Citizens Voice

Commercial rafting companies in Colorado are supporting a state law that would ensure consistent access to rivers. PHOTO COURTEST KODI RAFTING.

A potential bill being discussed by state lawmakers could help ease conflicts between commercial rafting companies and fishing guides and private landowners along the state’s rivers, but as written, the measure does nothing to address similar concerns voiced by private boaters and anglers.

SUMMIT COUNTY — One of the bills being discussed as the State Legislature ramps for its session could ease conflicts between licensed rafting companies and fishing guides and private landowners along Colorado Rivers.

Summit County’s State Rep. Christine Scanlan has been mentioned as a co-sponsor of the bill.

Under Colorado Water law, boaters have the right to float along a stream, but if they touch the bottom of the river or the banks of stream where it passed through private land, they are technically trespassing.

Under that law, some private land owners have sought to hinder river access. In some cases, those conflicts have threatened the existence of long-established businesses by preventing them from operating on certain rivers, said owner Christian “Campy” Campton, owner of Frisco-based Kodi Rafting.

He characterized the bill as a job-protection measure aimed at protecting the state’s economically important rafting industry, worth about $140 million in 2008.

“The problem is what’s happening on the Taylor right now,” Campi said, referring to a legal battle between a rafting outfitter and a landowner in Gunnison County. “If they (the landowners) get their way, it could close rivers around the state,” he said, adding that it’s not fair that businesses that have been around for 20 years, in some cases, are subject to the threat of being put out of business.He said it’s not a big issue for rafting companies in Summit County.

“We’re usually putting in and taking out on Forest Service land. We haven’t seen much of a problem up here,” he said.

The measure is focused on the right of existing rafting and fishing businesses to operate under their permits without undue interference from land owners. Other than that, the existing legal status quo would be maintained.

That means that, as currently written, the measure would not have any effect on private boaters who face some of the same issues, especially along the Blue River below Green Mountain Reservoir, where big tracts of riverside land are owned privately.

Several boaters said that, because of fish habitat improvements that have been made, it’s almost impossible to float that reach of the Lower Blue without touching the ground in some spots.

“I’m empathetic of landowners,” said local boater and angler Todd Rosko. “I understand they want privacy and I’m an angler, so I like to see fish habitat improved. But it’s not their water. It just passes through their property.”

Richard Bass, who lives in the Spring Creek area and enjoys float fishing on the Lower Blue, said he’s experienced numerous conflicts with land owners.

“There needs to be a lot of work on both sides,” he said, acknowledging that there boaters who are not respectful of private property rights. “But if I’m being respectful of their rights, they should respect my right to float the river,” he added.

In some cases, property owners have run into the river and chased him, even becoming verbally abusive,” Bass said. Along one particular section, he said he noticed ranch personnel carrying weapons.

“They make it a battle and a confrontation,” he said.

Filed under: recreation Tagged: | fishing, Lower Blue River, property rights, rafting, recreation, rivers, Summit County News, water law