Bump and update: From The Durango Herald (Joe Hanel):
In a 40-25 vote, the House approved a bill that allows licensed river outfitters to briefly touch the riverbanks and portage around obstacles when streams flow through private land. Republicans Ellen Roberts of Durango and Scott Tipton of Cortez voted no because of concerns the bill could violate private property rights…
Two Durango-based rafting companies applauded the decision Tuesday. “I have had problems with landowners and various things they do like stringing fences across the river,” said Stephen Saltsman, who with Robin Fritch owns Flexible Flyers Rafting Co. Saltsman, who is also a landowner along the Animas River, said he understands the property-rights arguments, but he doesn’t have a problem if someone needs to portage around an obstacle in the river…
Rep. Jerry Sonnenberg, R-Sterling, spoke for many bill opponents. “We can’t have it both ways. Either we understand the value of property rights, or we don’t,” Sonnenberg said.
Agricultural groups oppose HB 1188, and some predicted grave harm to Colorado ranchers. But all other Western states have greater rights for public use of rivers than Curry’s bill would establish, and agriculture is alive and well in those states, Curry said. “In fact, in Montana you can get out of the boat and wade-fish on private land,” Curry said.
From The Pueblo Chieftain (Patrick Malone):
Sponsored by state Rep. Kathleen Curry, unaffiliated-Gunnison, HB1188 sparked debate over commercial rafters’ rights to travel public waterways and the rights of property owners. In the end, rafters won out, as the bill passed 40-25…
Opponents of the bill said it strips property owners to their right of exclusion. State Rep. Jerry Sonnenberg, R-Sterling, said allowing rafters portage is akin to setting aside circumstances that allow trespassing through one’s house, yard or car. “Once you allow government to start saying who can and cannot come on your property, that’s a very dangerous door,” Sonnenberg said…
The bill makes no provision for private rafters or others to float down the state’s rivers, and they are still subject to prosecution for trespassing.
More 2010 Colorado legislation coverage here.
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Brenda,
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John Orr
Private boaters are allowed to river rights just as
they can hike on trails. This is America! We need to relax and enjoy life instead of fighting against each other.
Being on the river is one of the only ways that parents can let their family see nature first-hand.
A proud American.