July 3, 2001 Just as hikers, bikers and horsemen need to share the trail, kayakers, rafters and anglers need to share the water when it comes to area rivers. Recreational river-users can learn to get along. More than that, they have to get along if they want to avoid a ruckus like the one going on in Gunnison County. There, fishermen and kayakers are getting wet-and-bothered over conflicting uses on the Lake Fork of the Gunnison River. A civil suit has been filed by a streamside landowner against a commercial rafting company, Cannibal Outdoors, which heavily utilizes the stretch of the Lake Fork. In another case, shouting matches bordering on violence have exploded between angry boaters and the owners of a fishing preserve on the South Platte River, a rapids-choked canyon upstream of Cheesman Reservoir near Denver. Such situations arise because of the fact that Colorado has yet to decide definitively where the law stands on river use and trespass. Conflicting laws and court decisions muddy the issue. One 1977 law protected navigable waterways for public use, allowing boaters to float on rivers crossing private property as long as they do not touch the premises, defined as the river bottom or banks. But a 1979 Colorado Supreme Court decision stated that floating through private property does constitute criminal trespass. On the other hand, in 1983 the state’s attorney general wrote an opinion reaffirming the 1977 law. And the question of whether crossing private land via a river constitutes civil trespass remains unanswered, as no case law has been developed on that point. The result may eventually be a judge deciding on public access to Colorado’s trademark array of rivers and streams. But until some decision is reached, there is a huge potential for conflicts. Locally, the upper Dolores River from the West Fork is the stretch commonly used by kayakers, rafters and anglers. The San Juan River from Farmington to Bluff is good flat-water opportunity. Fortunately, these particular stretches are far from the wild whitewater challenge sought after by diehard kayakers and river rats, so there seems to be room for both anglers and floaters on our waterways. But as kayaking and rafting become more popular in the Four Corners, it is increasingly important for recreationists to respect private property rights and avoid the sort of childish squabbling that can lead to angry, potentially dangerous behavior. Rafters and kayakers should considered following these few rules:
A little civility could go a long way toward preventing divisive disputes that ultimately might require court action. |
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Journal. All rights reserved. |