A number of groups are actively pushing for increased access to Colorado's streams in the state legislature. Proposals vary but all would upend 150 years of private property law in Colorado and put riparian habitat at risk.
Why stream protections matter
Background: A newly formed public access coalition, the Responsible River Recreation Alliance, has proposed legislation in Colorado that would do the following:
- Provide that a river, stream or other natural channel capable of supporting recreational navigation by any vessel is open to recreational navigation so long as the put-in and take-out are on public land (or private land with landowner consent).
- Allow for incidental contact with the bed and banks of the river, such as using the bed and banks to scout, portage, and avoid dangerous obstacles when necessary to continue downstream progress.
- Establish liability protection for landowners.
This group split off from the Colorado Stream Access Coalition late last year. That coalition is working to open all streams in Colorado to public access for boating, fishing and swimming. You can learn more about their agenda here.
WLA is working to defend landowners' property rights, investments, businesses and conservation efforts. We need your support to fund the necessary lobbying, legal guidance and public outreach. We cannot do this without you!
The Facts about Stream Access in Colorado:
The proposal from the Responsible River Recreation Alliance (RRRA) attempts to clarify current law; however, it actually further muddies the water by explicitly authorizing public use of private land without compensation.
Private property rights are important to all Coloradans, whether it’s your home and personal backyard, a farm or ranch, or things you own. Undermining long-standing property rights destabilizes the rule of law and the foundation of businesses throughout Colorado.
Landowners, from multi-generational ranchers and farmers to more recent buyers, have invested their own personal resources in owning, managing, conserving and caring for these resources. Many have voluntarily entered into permanent conservation easements. Opening free public access undermines incentives for future private investment and conservation partnership in the state.
Farms, ranches, guest ranching, outfitting, recreational leases and agritourism make it economically feasible to conserve and care for land and riparian corridors, which is important to Colorado’s future. Opening the gates to free public access threatens many of these enterprises.
The current system we have in place provides a balance between public and private lands and interests that enables Colorado to have the best of both worlds. There are already 2200 miles of publicly accessible waters along with agreements with landowners for additional access. Where additional access to private land is desired, voluntary agreements and incentives offer the best opportunity for win-win outcomes.
If passed, the change would give standing to landowners to pursue takings claims with major cost implications for CO taxpayers, potentially into the billions. The process will take years to resolve and consume valuable time and resources that could be better spent improving public waters and quality recreation & developing voluntary access agreements with landowners.
We can't do it without you!
More from WLA on Stream Access and Private Property Rights
Private Lands are a Lifeline for Wildlife
By Lesli Allison
A 2022 New Mexico Supreme Court decision opening streams on private land to the public has fishermen cheering, but not so much the fish. After all, the decision converted thousands of miles of small streams and fragile spawning beds into unmanaged recreational footpaths, impacting not just the fish, but every creature that makes its home in and along the water.
Another side to the controversy over stream access
By Lesli Allison
We are in a perilous moment in history. As the human footprint expands, biodiversity is collapsing — and with it, the ecosystems that sustain all of us. As populations grow, development expands and people seek new places to recreate, fish and wildlife are in a desperate struggle for survival.
Working lands are the future of conservation
By Lesli Allison
Farms and ranches are the cornerstones of both human communities and the ecosystems we all depend on. And they are disappearing.
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