Second, the Colorado constitution does in fact permit public use of all water in “natural streams”. [Article XVI, section 5 of the Constitution]. The provision specifically provides the following:

““[t]he water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.”

Note the dedication to the “use of the people”. This interest is called a usufruct. Look it up.

In addition the Public Trust Doctrine applies to all navigable waters of the United States. This has never been considered by a Colorado Court. In Emmerts case the parties actually stipulated to the fact that the river in question is not navigable. Under the Federal definition any water in Colorado supporting commercial activity like rafting or commercial float guiding would have a great chance of satisfying the definition. The problem is the rafters don’t want to spend the money to go to court. They leave it to politicians who or course will make a hash of it, condemn the resulting legislation to years of litigation and do little except maybe get the A-G involved spending money defending unconstitutional aspects of the bill.