Stream access laws in Colorado?

[HCR]

If a property owner owns both sides of the land bordering a stream that is so shallow as to NOT be navigible (even in an inner tube you would touch the bottom), can he legally deny access to those who wish to fish--even if they can enter the stream from National Forest above and below his property?

I know there was controversy about access laws in CO. a few years back and figured someone here would have the latest information.

Thanks in advance.

[skes01]

Colorado and access laws are very tough. In your example, I believe he CAN deny access. I know when I float one certain river in Colorado, my driftboat or raft cannot touch shore or the bottom(including an anchor) or I am trespassing. I think in CO the land owner owns the river bed also, not just the land on both sides of the river. I'm only in CO about 6 times per year though. I'm sure someone from CO can clear this up more.

[DG]

If the state has stocked the water, no. If not, yes. That is my understanding. On private property, you cannot touch bottom if you float through it. No anchoring, no wading...

[kengore]

In Colorado the land owner controls the property rights and access to both sides of the river and the stream bed below. On navigatable waters a person can drift through private lands, but cannot touch the bottom, stop or wade. This includes using an anchor or other device that would touch the bottom.

The definition of navigatable water is murky at best. One school of legal thought makes the arguement that the 'navigatable' clause was meant for commercial river traffic and does not apply to recreational boats like kayaks. (which can navigate very shallow waterways!) There are many conflicts between boaters and land owners over this definition, some are only resolved in the courts.

Land owners sometimes string barbed wires across sections of the river to keep out trespassing boaters. The legal system has supported this practice, inspite of the danger it poses to boaters.

The no trespass rules are inforced on a regular basis. There is a section of the Blue River near Winter Park where a private land owner has installed closed circuit tv cameras that are monitored by a private security team, if you touch bottom you are met by the sheriff at the takeout. I have even heard of one fisherman arrested for trespass when he reached down to retrieve a rod and reel that he had dropped over board.

As far as I know it makes no difference where the boater enters the water, from private or public land. I am also unaware of any distinction made for streams that are stocked.

There are many streams that run through private lands where the land owners are not troubled by fisherman. There are other land owners that have take a hostile position and will enforce their land rights aggresivly, sometime using guns.

If you are in doubt about the legal access to a particular stream section I would get some input from the local fly shops. In some places it's no big deal on others you could get arrested, or even shot.

Local whitewater and rafting groups have organized to fight for legal access to rivers. Here is a link that discusses some of the current issues...

http://www.adventuresports.com/river...es/co-news.htm

[DG]

The case used to justify access to state-stocked waters is Hartman v. Tresise, 1906. I don't know how it is applied across the state, as there have been other cases since that challenged this, but at least around here, the DOW is adamant that if they stock fish in it, you can fish it.

On the other hand, it is much easier to avoid the conflict and fish on public waters and public lands. I have to live in this town, I am not about to get into a feud with a rancher just so I can fish his crick. If I ask and he says no, that is the end of it as far as I am concerned.

[herefishy]

DG, your answer about the state stocking refers to allowing fishing by permission only in order to have your property stocked. It doesn't really mean public access, as you must still ask for permission, but I guess the owner can't refuse.

[HCR]

When I made the original post of this thread this summer, I was in CO. and in the high country without regular access to internet so didn't do a good search.

Just turned up this interesting site and thought to share it.

http://www.nors.org/states/co-law-boat-rights.htm

[JohnScott]

Just turned up this interesting site and thought to share it.

http://www.nors.org/states/co-law-boat-rights.htm

HCR -

Thanks for providing the link. It is a long discussion and rather tedious, but plowing through it is well worth the effort for anyone interested in how the law works at the federal and state levels when it comes to the boating aspects of using public water flowing through privately owned land.

If you happen to run across the article on fishing that is mentioned in the boating discussion ( linked above ) please post it promptly.

Thanks again.

John

[Grizzly Wulff]

Both Colorado and Wyoming have similar access laws on their streams and rivers. In both states, the landowners? property rights include the river bed. If a particular landowner has property bordering only one side of the river/stream, their property extends to the middle. You may float over the property, but you cannot touch the bottom.

In Colorado in the last few years there has been an attempt by landowners to have legislation passed that would restrict the right to float through any private water, and I expect them to continue their efforts.

As kengore stated, "Land owners sometimes string barbed wires across sections of the river to keep out trespassing boaters. The legal system has supported this practice, inspite of the danger it poses to boaters," and there are currently a couple of cases pending where a national alliance of commercial rafters have brought suit on behalf of rafters that have been arrested for trespass. If things go as normal in the state, the suits wil never get to court, as the landowners do not want a review of river access by the states high court. Instead they will drag the suit out over a long period of time forcing the accused to spend time and money on lawyers, etc. Just before the case goes to court, the trespass charge will be dropped.

In Colorado (not sure about Wyoming) a landowner does not have to post their property; it's your responsibility to know what is private and what is public.

There's an old saying in Colorado and Wyoming, "Whiskies for drinking, waters for fighting."

[fish_on]

FYI

http://www.sltrib.com/ci_9923629


07/18/2008 article where Utah now recognizes the right to wade streambeds and rivers.