If you’ve ever tried floating or fishing a Colorado river that runs through private land, you know how confusing—and frankly intimidating—stream access laws can be in our state. While the water itself belongs to the public under our Constitution, the land beneath it is often off-limits, and stepping onto a streambed or bank can get you slapped with a trespassing charge.
But just how out of step is Colorado with the rest of the West?
After a state-by-state review of all 11 western U.S. states’ stream access laws, a shocking truth emerged: Colorado has among the weakest stream access protections in the entire region, more restrictive than even conservative neighbors like Utah and Wyoming, and a far cry from the access enjoyed in Montana, New Mexico, or Idaho.
A Tale of Two Wests: Who Owns the Rivers?
To understand the disparity, you have to look at how different states define and regulate public access to rivers and streams.
Across the West, most states fall into one of four categories of stream access:
- No Access Protections – No public right to float or touch the bed/bank on private lands (e.g., Colorado, Arizona, Nevada).
- Right to Float Only – You can float through private land, but can’t wade or fish on foot (e.g., Utah, Wyoming).
- Float and Stand Access – Floating and standing/wading allowed up to the ordinary high water mark (e.g., Washington).
- Full Access – The public can float, wade, fish, and portage around obstacles, typically up to the high-water mark (e.g., Montana, Idaho, New Mexico, Oregon).
Colorado is firmly in Category 1. In 1979, the Colorado Supreme Court ruled in People v. Emmert that there is no public right to use streams that pass through private property, even without touching the bed or banks.
While the state constitution says waters belong to the public, the court made it clear: the beds and banks of those streams are private, and that trumps the public’s right to recreate.
Outpaced by Idaho, Utah & Montana? Yes, Really.
Colorado’s neighbors—some with far more conservative legislatures—have found ways to balance private property rights with public stream access.
- Utah, after briefly allowing full access in 2008 (Conatser v. Johnson), passed a law allowing floating and brief incidental contact with the streambed for safety and portaging. That’s more than Colorado provides.
- New Mexico’s Supreme Court ruled in 2022 that all flowing waters are public, and the public can wade and fish within the stream channel—even if it crosses private land.
- Montana, since the 1980s, has enshrined the public’s right to use all surface waters capable of recreational use, including wading, fishing, and portaging up to the ordinary high-water mark.
- Idaho and Oregon grant robust public easements across almost all floatable streams, regardless of who owns the bed.
Even Wyoming, with strong private property cultures, recognize a right to float through private land on navigable streams.
So why is Colorado so far behind?
| State | Access Category | Public Access Summary |
|---|---|---|
| Arizona | No Access Protections (1) | Only truly navigable rivers (e.g. the Colorado River) are public. No general public easement on streams with privately owned beds. |
| California | Right to Float Only (2) | Public may navigate any “navigable” waterway (broadly defined), but no right to trespass on private banks or streambeds. No extension of public trust to non-navigable streams. |
| Colorado | No Access Protections (1) | The public has no statutory right to use waters over private beds. Privately owned streambeds are off-limits without permission. Floating through private land is informally tolerated only if no contact with bed or banks. |
| Idaho | Full Access (4) | Broad public easement for all recreational purposes on any stream capable of floating a log or small boat. Public may float, fish on foot, and use the streambed up to the ordinary high-water mark. Portaging around obstacles is allowed regardless of private ownership. |
| Montana | Full Access (4) | Most expansive access: Montana Stream Access Law guarantees public use of all surface waters capable of recreation, up to the high-water mark, even if the streambed is privately owned. Includes right to wade and to portage around barriers within that high-water boundary. |
| Nevada | No Access Protections (1) | Follows federal navigability test; public can use officially navigable rivers, but no clear law on public use of streams over private beds. No established public easement for floating or wading on non-navigable streams. |
| New Mexico | Full Access (4) | Public waters doctrine – All natural streams are public. 2022 NM Supreme Court affirmed the public’s right to fish, boat, or wade in streams flowing through private land, as long as they access lawfully and minimize impact to beds and banks. Landowners may not exclude public use of the water, though no trespass across private uplands to reach water. |
| Oregon | Full Access (4) | Dual tests: If title-navigable at statehood, state owns the bed and public may use up to high-water mark. Even if not, Oregon’s public use doctrine grants a public floatage easement on any waterway that is boatable in fact. Public can float, fish, and wade in navigable streams up to OHWM, though the right to touch bed on non-navigable (private-bed) streams while floating is less clear. |
| Utah | Right to Float Only (2) | All flowing waters are public for floating and incidental use, but not streambed recreation. The 2010 Public Waters Access Act permits floating on public waters and incidental contact with private beds for safe passage, including brief portages. However, wading or shoreline fishing on private streambeds is prohibited without permission. (The Utah Supreme Court in 2023 upheld this restriction.) |
| Washington | Right to Float & Stand (3) | State law treats streams as public if they can float “a bolt of shingles” (a very small log). The public may navigate these waters and wade on streambeds up to the ordinary high-water mark (since those beds are state-owned). No right to go above high-water line on private land for portage. |
| Wyoming | Right to Float Only (2) | The public may float on any stream capable of practical use (a “useable” river). No right to touch privately owned streambeds or banks while floating (doing so is trespassing). Portage is only allowed at established public access points or in emergencies (no general shoreline easement). |
It Doesn’t Have to Be This Way
Here’s how other states have strengthened stream access—and what Colorado can learn:
- Montana: Passed a bipartisan Stream Access Law codifying the public’s right to recreate up to the high-water mark.
- New Mexico: A state Supreme Court ruling invalidated an unconstitutional rule allowing landowners to block access, affirming that waters belong to the people.
- Idaho: Legislation explicitly grants the public the right to float, fish, and wade in any stream capable of carrying a log or small boat.
Colorado doesn’t need to reinvent the wheel—we just need to catch up.
The Path Forward: What We Can Do
It’s time to push for real, permanent protections for public stream access in Colorado. Here’s what we must advocate for:
- Statutory Right to Float – Establish the right to float through private lands without fear of prosecution.
- Public Easement Up to High-Water Mark – Allow wading, fishing, and safe portage within the natural bounds of the stream.
- Bridge Access Protections – Secure the right to access streams from public road crossings.
- Clear Guidelines for Portage – Provide lawful protections for bypassing fences, diversions, or natural obstacles.
- Legal Clarity – Codify definitions and access rules to prevent lawsuits and harassment.
Join the Fight for Stream Access in Colorado
We at The Next Summit are proud supporters of the Colorado Stream Access Coalition, who are working to restore public stream access rights in our state. But we can’t do it alone.
👉 Here’s how you can help:
- Visit www.coloradostreamaccess.org and become a member or donor.
- Contact your state legislators and ask them to support stream access reform.
- Share this article to spread awareness—especially with friends who hunt, fish, float, or love Colorado rivers.
This is your water. Let’s make sure you can use it.
