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Colorado Supreme Court Strikes Down Long-Running Stream Access Case
#8865758
06/10/23 03:52 PM
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Joined: Nov 2004
Posts: 14,768
jeh7mmmag
OP
gramps
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OP
gramps
Joined: Nov 2004
Posts: 14,768 |
On June 5, the Colorado Supreme Court tossed out a case that could have broadened the public's access to the Centennial State's streams and rivers. With its unanimous decision in a case known as Hill v. Warsewa, the court ruled against an angler who sued after he was threatened, harassed, and ultimately denied access to a favorite fishing hole on a popular river. The ruling will maintain the stream access status quo in Colorado—where anglers have no legally-protected right to wade fish on any stretch of water that runs through private property. The case stemmed from an incident that occurred more than a decade ago when an 81-year-old angler named Roger Hill was fishing on the Arkansas River near the town of Salida. He says that's when landowner Linda Joseph began hurling rocks down at him from the top of a bluff on her property. Joseph, who owns a parcel of land adjacent to the river, believed that she also owned the riverbed, and that Hill was trespassing by standing on it to fish. Hill narrowly evaded the tumbling rocks without injury, exiting along the same stretch of public property he'd used to access the spot. One year later, his friend was fishing the same hole when Joseph's husband, Mark Warsewa, fired a pistol in his direction. Warsewa's bullets missed the fisherman, but he served 30 days in jail for the stunt. more:
�Everybody needs beauty as well as bread, places to play in and pray in, where nature may heal and give strength to body and soul.� ~ John Muir
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Re: Colorado Supreme Court Strikes Down Long-Running Stream Access Case
[Re: jeh7mmmag]
#8865762
06/10/23 04:06 PM
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Joined: Sep 2022
Posts: 471
duffas
Bird Dog
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Bird Dog
Joined: Sep 2022
Posts: 471 |
Typical for Co., also common in Texas. Gotta respect those high $ landowners that pay taxes.
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Re: Colorado Supreme Court Strikes Down Long-Running Stream Access Case
[Re: duffas]
#8866035
06/11/23 12:30 AM
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Joined: Apr 2007
Posts: 60,657
BOBO the Clown
kind of a big deal
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kind of a big deal
Joined: Apr 2007
Posts: 60,657 |
Typical for Co., also common in Texas. Gotta respect those high $ landowners that pay taxes. the law is the law. Been that way +- 100 years. Dont like the law change the law. Smart place to buy river frontage if you want exclusivity of the bottom of the river bed. Texas is extremely far from CO river laws… You can wade down navigable rivers in TX. You cant even drop an anchor in CO
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Re: Colorado Supreme Court Strikes Down Long-Running Stream Access Case
[Re: BOBO the Clown]
#8866036
06/11/23 12:35 AM
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Joined: Mar 2010
Posts: 12,476
ntxtrapper
THF Celebrity
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THF Celebrity
Joined: Mar 2010
Posts: 12,476 |
Typical for Co., also common in Texas. Gotta respect those high $ landowners that pay taxes. the law is the law. Been that way +- 100 years. Dont like the law change the law. Smart place to buy river frontage if you want exclusivity of the bottom of the river bed. Texas is extremely far from CO river laws… You can wade down navigable rivers in TX. You cant even drop an anchor in CO Yep.
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Re: Colorado Supreme Court Strikes Down Long-Running Stream Access Case
[Re: jeh7mmmag]
#8866104
06/11/23 03:06 AM
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Joined: Aug 2009
Posts: 22,735
BigPig
THF Celebrity
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THF Celebrity
Joined: Aug 2009
Posts: 22,735 |
There is a spot on the Arkansas river that is really good for rapids but at certain times later in the season you may become beached and have to get out and carry the raft. The opposite side of the river is apparently a good fishing spot with a couple eddy’s to slow the current.
The LO on the side with the rapids will stand on that shallow area and fish the eddy. The summer we were rafting it the guide parked us in the eddy for a bit, where about 6 other rafts were taking a break because earlier in the year the LO had shot an arrow at a stuck raft, piercing the raft and the guides ankle. So now it’s common practice to eddy out right where he wants to fish.
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Re: Colorado Supreme Court Strikes Down Long-Running Stream Access Case
[Re: jeh7mmmag]
#8866282
06/11/23 06:02 PM
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Joined: Apr 2012
Posts: 1,690
SherpaPhil
Pro Tracker
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Pro Tracker
Joined: Apr 2012
Posts: 1,690 |
I understand not agreeing with the law, but this isn't a grey area. Unlike corner crossing, this has clearly been illegal in Colorado for decades.
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