Colorado Files Motion to Dismiss Water Access Case

Your Water Colorado Blog

By Larry Morandi

A February 12 blog entitled “Public Access to Water Flowing Through Private Property” describes a lawsuit filed by a fisherman, Roger Hill, against a landowner, Mark Warsewa, over Hill’s ability to wade the Arkansas River adjacent to Warsewa’s land. By wading the river, Hill touches the streambed, which Warsewa says belongs to him and makes Hill guilty of trespass. Hill claims the Arkansas was navigable at the time of statehood and, therefore, the state owns the streambed and the public has access to it for recreational purposes. The case is in the U.S. District Court for Colorado.

The litigation has taken a new twist with the state of Colorado filing two motions on May 7 to intervene in the case and then to dismiss it. The state’s argument is twofold. First, even though the suit does not name Colorado as a defendant, it is an essential party…

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