Summit County Citizens Voice

A state law that would protect commercial boating operations from trespassing charges gets a first hearing in the Colorado House Judiciary Committee today. The new law would not protect private boaters. PHOTO COURTESY KODI RAFTING.

HB 1188 would protect commercial outfits from trespassing charges but maintain the status quo for private boaters; new group is calling for an expanded version of the law

By Bob Berwyn

SUMMIT COUNTY — A bill that could ease conflicts between commercial river running companies and private landowners is up for a first hearing today before the Colorado House Judiciary Committee and sponsor Kathleen Curry, an independent lawmaker from the Gunnison area, is hopeful the measure will pass an initial test.

“We’re hoping we have the votes,” Curry said. “We have a ton of support, including folks from Summit County,” she said.

But some Colorado river enthusiasts are not happy with the measure, since it doesn’t change the legal status of private boaters. 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 passes through private land, they are technically trespassing.

University of Colorado law student and boater Jeff Candrian has founded a group called Stream Access For All that is advocating for a broader measure that would include private boaters.

According to Candrian, House Bill 1188 would create 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 would remain subject to trespass violations. According to Candrian, the current language of the bill implies that private boaters and anglers are not entitled to protection. That could encourage riparian landowners to bring actions against private users of Colorado waterways.

Curry said she understands the concerns of private boaters and expects the questions to come up during hearings on the bill. But the language of the measure was intentionally written so narrowly in hopes of getting it passed. She said she was disappointed that the landowners lobby which has rallied to defeat the law hasn’t recognized its limited scope.

Opposition to the bill is also coming from the state’s ranching industry. Read the Colorado Cattlemen’s Association statement of opposition here.

Christian “Campy” Campton, owner of Frisco-based Kodi Rafting, characterized the bill as a job-protection measure aimed at protecting the state’s economically important rafting industry, worth about $140 million in 2008. Campton helped draft the measure on behalf of the Colorado River Outfitters Association.

Campton said commercial river runners don’t have a big problem in Summit County, but private boaters and anglers on the Blue River below Green Mountain Reservoir have experienced difficulties.

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.

In a prepared statement, Candrian’s group compared Colorado’s law to other Western states. Following is a state by state breakdown provided by Candrian.

- 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.

Filed under: rivers