New Threat to Colorado Property Rights

New Threat to Colorado Property Rights

New Threat to Colorado Property Rights – As of May 2025, a new front has opened in Colorado’s river access debate. A group called the Colorado Stream Access Coalition is organizing efforts to challenge The State of Colorado’s current laws and push for expanded public access to rivers and streams that run through private property.  What does this mean for private land owners who have land with a river or stream access?

Their stated goals include:

• Recognition of navigable waterways and the public’s right to access them
• Legislative reforms to open access to non-navigable waterways on private property

The coalition argues that the Colorado Supreme Court and Attorney General have failed to protect public access rights, and they are actively lobbying for new legislation to be introduced in the 2026 Colorado General Assembly.

This potential legislation would be a dramatic shift in Colorado law and would likely be viewed by many as a taking of private property rights, sparking significant legal, financial, and environmental consequences.

There are many land owners in the Gunnison Valley (homestead ranchers, land owners and homeowner) that have had the benefit of their property rights WITH the water that flows across their land. The value of this real estate has been established because there is private access to the river or stream. A change to allow public access would be not only a taking of property rights – but a big financial hit to the property owners.

A stakeholder group of Private landowners who have rivers and streams that flow through their property has been formed in response, encouraging those who own riparian property to join the conversation and prepare for possible legislative action.

For more details or to get involved, email: protectcoloriparianproperty@gmail.com

Colorado: Water is Public, But Riverbeds May be Private

If you are considering fly fishing in Crested Butte be informed. There are miles of public water to fly fish and float. While the water itself is mostly public – and you may float on most rivers, you may not touch the riverbed if the land is private. In practice, no rivers in Colorado have been officially declared navigable for title purposes.

So, while you can float through private property, you cannot touch the riverbed or banks, or drop anchor without trespassing. This makes wading or anchoring off-limits unless you’re on public land, or have landowner permission.

Public access is limited to places like boat launches or areas managed by Colorado Parks & Wildlife.

The Arkansas River Case: State of Colorado vs. Roger Hill

One of the most publicized legal challenges to Colorado’s access laws happened recently on the Arkansas River.

Background of the Case – In 2012, Roger Hill, an avid angler, was fishing in a section of the Arkansas River near Texas Creek, Colorado. While wading in the river adjacent to private property owned by Mark Warsewa and Linda Joseph, Hill was confronted by the landowners, who allegedly threw rocks at him and threatened arrest for trespassing.

Hill filed a lawsuit asserting that the Arkansas River was navigable at the time of Colorado’s statehood in 1876. Under the “equal footing doctrine,” navigable waters at statehood are held by the state in trust for public use, implying that the riverbed should be public property and accessible for activities like wading and fishing. He wasn’t asking for land — he was asking for legal recognition of the public’s right to stand in the river while fishing.

The case progressed through various courts, and the case was eventually brought before the Colorado Supreme Court, which ruled in June 2023 that Hill did not have legal standing to make this claim. According to the court, only the state has the authority to assert navigability for title. See Colorado Supreme Court Ruling Colorado v. Roger Hill

What The Law Means for Colorado Anglers/Boaters

The Roger Hill decision reinforced the current law: you can float through most private land on a river, but you cannot wade or touch the riverbed without the landowner’s permission. While the water belongs to the people, the land beneath it often does not.

This ruling has big implications for those of us who float or fly fish in Colorado. It’s a reminder that while we may have access to water, we still need to be aware of where we enter rivers and streams, and whether public or private land is beneath our raft or feet. The ruling also affirms the value of private land with river access for floating put-in/take-out or fly fishing.

Careful – Trespassing Can Be a Criminal Offense

Third-Degree Trespass (CRS 18-4-504)

• Class 1 Petty Offense
• Up to 10 days in jail or $300 fine

Second-Degree Trespass (CRS 18-4-503)

• Class 3 Misdemeanor
• Up to 6 months in jail or $750 fine

River Access in Crested Butte / Gunnison Valley

Slate River in Crested Butte – Popular put-in for paddle boarders at the Slate river boat launch near the Aperture subdivision in Crested Butte is located at 85 Pyramid Ave. It’s designed to provide a dedicated launch area with amenities like changing facilities, a staging area, and a portable toilet. The launch also serves as the take-out for the Upper-Slate section of the river (restricted access early in the season due to heron nesting). No floating/access below the Rec Path bridge by Brush Creek. The Slate River in Crested Butte, CO, has a voluntary no-float period for the stretch from Gunsight Bridge to the Slate River Boat Launch, from March 15 to July 15, due to Great Blue Heron nesting. This is a recommended closure to protect the heron rookery, which is located in the coniferous trees along the upper Slate River.

East River in Crested Butte – Most of the East River flows through private land – there is approximately 2 miles of public water access at the Roaring Judy Fish Hatchery. Floating on the East River only during higher water until approximately mid-July. Put-in CB South or Roaring Judy Fish Hatchery – then all of the water is private until just above the confluence with Taylor river forming the Gunnison river in Almont. Typically signs will notify when water levels drop and this waterway is shut-down to floating.

Taylor River – Upper Taylor River put-in typically the highest access point for floating the Taylor River. Lower Taylor put-in at the 5-Mile bridge. Approximately 50% of the water from the Taylor Dam to Almont has Public Access for fly fishing and many access points off Taylor Canyon Road. Be respectful when floating through the private land of Harmels and the 2 miles of the Wilder on the Taylor development.

Gunnison River – Popular fly fishing float is Almont to (Shady Island Access) just upstream from Garlic Mike’s. There are also many take-outs further down river and north of the Blue Mesa reservoir.

Final Thoughts

Since we have many homeowners and visitors from Texas – you will note that the laws in Colorado are different. If you’re planning a river adventure here in the Crested Butte/Gunnison Colorado area, do a little research first – good to fly fish with a guide (set up in the local fly shops) or at a minimum talk with the staff in the fly shops or with the rafting companies. You should have a map app on your iPhone like onX Hunt which will show you public vs. private property and ownership info.

When floating, always be sure to enter water at public access points and stay in your boat unless you’re absolutely sure you’re not trespassing. We have a lot of public water, pristine rivers and streams that flow through public lands where you can go fish and float. Always be respectful of private property, as consequences for getting it wrong can be costly.

There are also a number of developments with available homesites for sale that have access to private live water where you can buy your dream home, or buy a homesite and build your dream home.  Contact me if this is of interest to you!

Tight lines,

Chris Kopf