A crack in the Colorado stream access rules?

Don’t look now, but there’s at least a tiny sliver of hope that the state with some of the most restrictive stream access laws in the country might be headed for some changes.  A recent court ruling at least opens the door for discussion.  This analysis from Backcountry Hunters and Anglers:

STREAM ACCESS CASE IN COLORADO WILL MOVE FORWARD

From Backcountry Hunters & Anglers | January 28, 2022

A Colorado Court of Appeals in January 2022 ruled that a key public waters access case can move forward. BHA has been closely following the case and commended the court’s ruling.

Mark Squillace, a professor of natural resources law at the University of Colorado Boulder, said the court’s decision is a milestone in taking a public waters access case to trial – a milestone that could change how anglers access water in Colorado, a state with notoriously poor protections for public hunting and fishing water access.

“The Colorado Court of Appeals’ decision to grant Roger Hill standing to pursue his claim that the Arkansas River near Texas Creek is navigable is the first critical step in securing public rights of access to our state’s navigable waterways,” Squillace said in an email. “Unless the state or Warsewa are able to successfully appeal this decision to the Colorado Supreme Court, the case will now proceed to a trial in the state district court where Roger Hill will present evidence to support his claim that the Arkansas is navigable and the public has a right to stand in the river bed to fish. We are confident that our Colorado courts will ultimately find that the Arkansas River is navigable and the public enjoys a right to use the riverbed.”

Colorado BHA Co-chair Don Holmstrom emphasized the broad, positive implications of the court’s decision.

“This is a big step forward for everyone who fishes or floats on Colorado rivers,” said Holmstrom. “Colorado has the worst public waters access laws in the western U.S. The state only now is being forced by courts to address well established Supreme Court decisions that navigable streams at the time of statehood must be held in trust for the use and enjoyment of the people of Colorado. Colorado BHA will continue to support access to these important river resources and Mr. Hill’s right to fish, float and wade in these historically navigable streams.”

Colorado BHA has been an active participant in fighting for better public waters access in the state and has provided support to Hill, contacted Colorado Attorney General Phil Weiser and educated BHA members on the status of the case, which CO BHA has closely watched as it has moved through the legal system.

While hurdles remain as the case makes its way to trial, Squillace is confident the Colorado courts will find that …continue reading at BHA