In Colorado, the water belongs to everyone until it touches the riverbed. That’s where things get murky.
For decades, anglers, boaters, and landowners have been navigating a legal gray zone that runs deeper than any tailwater pool. Our state constitution says unappropriated water is public. But our courts say the streambeds belong to whoever owns the land beside them. That means you can float through private property , but the moment your boot sole brushes gravel, you’re trespassing.
And that’s where the tension lives.
The Crux of It
Boaters and anglers argue for a clear, statewide rule that protects responsible recreation and safety, and allows scouting, portaging, or helping a swimmer without worrying about breaking the law. Landowners counter that they have a right to exclude trespassers and that new legislation could amount to government taking private property.
Both are right to care.
Why It Matters
Colorado’s outdoor economy depends on flowing water. From Gold Medal fisheries like the Fryingpan to float trips through the Roaring Fork and Yampa. Ambiguity doesn’t just create legal risk; it creates conflict. It makes anglers second-guess where to step and leaves landowners frustrated about where the line actually is.
For guides and recreation businesses, the lack of clarity also complicates safety. If a downed tree blocks a channel, can a boater legally step out to walk around it? If an angler sees rising fish along a midstream bar, can they wade closer without crossing a line? Right now, the only clear answer is: it depends.
The Middle Current
Most Coloradans, whether they row drift boats or own the ranch the river runs through, want the same thing: respect.
Clarity in the law protects that respect. It reduces conflict, protects property rights, and keeps rivers safe and open for future generations who want to experience them.
Until lawmakers resolve the question, the best approach is simple:
- Know before you go. Study access maps and regulations.
- Ask permission when in doubt. Many landowners are more open than rumor suggests.
- Float respectfully. Wade legally. Leave no trace.
Rivers connect us all, but how we share them defines us. Colorado doesn’t need to pick sides between recreation and property rights. It just needs to draw a clear line so everyone knows where to cast.
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