PLNR-04-3: River Access Through Private Property
- admin301734
- 5 days ago
- 3 min read
WHEREAS Colorado’s river-based recreational community contributes significantly an , and demand for access to Colorado’s streams continues to grow, and
WHEREAS the right to uninterrupted privacy and the right to exclude public access are fundamental tenets of private property, and
WHEREAS scouting, portaging, or any form of trespassing encroach upon private property rights; and
WHEREAS both anglers and boaters have periodically challenged Colorado’s private property laws in order to gain access to or over privately owned segments of streams and rivers, and
WHEREAS landowners who invest in the improvement of the aquatic habitat in streams flowing through their property for the purpose of enhancing recreational fishing opportunities may see that value eroded by floating craft on that stream and any associated activities, and
WHEREAS responsible ranching practices may require fencing across streams and rivers, and
WHEREAS any governmental action opening private property to public use constitutes a taking which requires just compensation, and
WHEREAS in 1977, the Colorado General Assembly, by enacting C.R.S. § 18-4-504.5 which defined “premises” for purposes of the criminal trespass statute, effectively made it not a crime to float through private property provided the floater does not touch the bed or banks, and
WHEREAS in 1979, in the case of People v. Emmert, the Colorado Supreme Court held that Article XVI § 5 of the Colorado Constitution does not give the public the right to use streams flowing through private land without the consent of the owner, and
WHEREAS in 1982, Attorney General Duane Woodard issued an opinion on C.R.S. § 18-4-504.5 which concluded that it is not a crime to float through private property provided the floater does not touch the bed or banks, and also noted that the statute “speaks only to criminal trespass (and) does not address the question of civil remedies and therefore cannot be viewed as providing authority for private owners of stream banks and beds to prevent such use of the water.” (This statement is misleading in that the legislature does not have to authorize property owners to exclude others; this is already a fundamental aspect of property rights.), and
WHEREAS in 2001, the Gunnison County District Court (Judge Patrick) ruled that C.R.S. § 184-504.5 is not a defense to civil trespass, and
WHEREAS the law in Colorado is that floating through private property without permission and without touching the bed or banks is not a criminal trespass but it may be a civil trespass (emphasis added), and
WHEREAS the public (including landowners, boaters and anglers) remains confused about the status of the law regarding floating across private lands or access to or through streams by wading in the water, and this confusion is creating increasing potential for conflict on Colorado’s waterways;
THEREFORE BE IT RESOLVED that:
o Club 20 equally recognizes the right of private landowners to exclude public access to streams flowing through their property.
o Club 20 recognizes the importance of maintaining a viable river-based recreational economy in Colorado .
o Club 20 recognizes that disputes between landowners and floaters are site specific, and therefore blanket laws and regulations are not appropriate.
o Club 20 recognizes the importance of, and broad common interest in, preserving the quality of the river-based recreational experiences, and the health of the resource, and the corresponding need to ultimately regulate all those users who float on streams.
BE IT FURTHER RESOLVED that Club 20 should be engaged in policy development regarding Colorado’s river/stream access laws and private property rights.
Adopted September 10, 2004
Renewed 3/22/13
Amended 4/17/26