CO Public River/Fishing Access Legal Win

[trb]

"Colorado’s Court of Appeals has cleared the way for 80-year-old fisherman Roger Hill to fight for his right to fish in peace on his favorite stretch of the Arkansas River as it flows down from snow-packed mountains.

This court ruling also means any other Colorado resident who has been forced off a river, from the Animas to the Yampa, can go to court to protect public access. A three-judge panel unanimously rejected the position of Colorado’s government, which sided with landowners against Hill. Colorado allows private ownership of riverbeds while all other states treat rivers deemed “navigable” as public."

“Freedom to wade”: 80-year-old Colorado fisherman notches win for public access to rivers

Colorado’s Court of Appeals has cleared the way for 80-year-old fisherman Roger Hill to make his case for a public right to fish on his favorite stretch of the Arkansas River as it flows down from …

www.denverpost.com

 

[Cogreeny]

That article is kinda misleading. Step your ass out of a drift boat in Wyoming on private and see what happens. Float through all you want though. It used to be legal to fence the river in Colorado too. Not sure if that’s the case anymore.

 

[LuketheDog]

I've followed this story closely for a long time. Is it good for those of us who like to fish in CO? Probably. I've found Hill to come across as a real jerk and dishonest. The nearest public legal access to that spot is 3/4 mile, no way he waded the whole way in the river to get there, he had to have trespassed across multiple properties.

 

[Dougfirtree]

That article is kinda misleading. Step your ass out of a drift boat in Wyoming on private and see what happens. Float through all you want though. It used to be legal to fence the river in Colorado too. Not sure if that’s the case anymore.

Same in NY. "Navigable" means you can float it, but the landowner owns the riverbed.

 

[seeth07]

I feel that stream access is probably the best starting point in any state. So many cases have happened to help pave the way for full use of our waterways.

 

[trb]

I've followed this story closely for a long time. Is it good for those of us who like to fish in CO? Probably. I've found Hill to come across as a real jerk and dishonest. The nearest public legal access to that spot is 3/4 mile, no way he waded the whole way in the river to get there, he had to have trespassed across multiple properties.

Don't really disagree with you, but the legal precedent is more important to me than my feelings on the guy himself.

When I used to kayak the Taylor I would get regularly verbally abused, have trash thrown at me, and had to dodge strands of barbed wire that could absolutely have caused serious injury or worse. I'll take any sort of legal win towards improved public water access.

 

[LuketheDog]

Don't really disagree with you, but the legal precedent is more important to me than my feelings on the guy himself.

When I used to kayak the Taylor I would get regularly verbally abused, have trash thrown at me, and had to dodge strands of barbed wire that could absolutely have caused serious injury or worse. I'll take any sort of legal win towards improved public water access.

I have no problem with the legal precedents common in other states, like staying below the high water line, floating in a boat like you do, etc. Countless people float through the spot in question on the Arkansas (I've done it myself with no issues) Mr. Hill doesn't have a boat and just walked straight across people's property to get to the river, and admitted doing it many times, that's what I have a problem with.

 

[trb]

I have no problem with the legal precedents common in other states, like staying below the high water line, floating in a boat like you do, etc. Countless people float through the spot in question on the Arkansas (I've done it myself with no issues) Mr. Hill doesn't have a boat and just walked straight across people's property to get to the river, and admitted doing it many times, that's what I have a problem with.

That's fair, I thought you meant he waded past properties, not trespassed across them on land.

 

[Nick_CO]

Another article on the topic from a few weeks ago.

Colorado appeals court revives river access, right-to-wade debate

Colorado Court of Appeals decision revives angler Roger Hill's lawsuit fighting for river access and right-to-wade on Arkansas River

coloradosun.com

I wish there was a better way to adopt Montana-like river access laws than trying to prove that 19th century trappers floated beaver pelts downstream on their way to trade posts and whiskey taverns. That might work on Colorado's larger waterways like the Arkansas, but I don't see that as an immediate path to statewide inclusion of any improved public stream access laws that may arise from the Hill case.