Colorado, a state renowned for its majestic landscapes and outdoor recreation opportunities, harbors a hidden controversy—one that places it as a national outlier in the fight for public access to rivers and streams. Despite its vast network of waterways, Colorado’s legal framework severely restricts the public’s ability to enjoy these natural resources. Recent legal battles, including the Colorado Supreme Court’s decision in the Hill vs. Warsewa case, have brought this issue to the forefront, highlighting the urgent need for legislative reform to protect public access to the state’s rivers and streams.
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A History of Contested River Access
Colorado’s restrictive stream access laws have deep roots in the state’s unique interpretation of property and water rights. Unlike many states where rivers and streams are considered public highways and accessible to all, Colorado’s legal framework has consistently favored private landowners. This stems from the “cujus est solum” principle, a common law doctrine that gives landowners exclusive rights to everything above and below their land, including riverbeds.
In 1979, the Colorado Supreme Court solidified this position with its ruling in People v. Emmert, declaring that the public has no right to float on non-navigable waters through private property without the landowner’s permission. This decision, later reinforced by the state legislature, criminalized entering streambeds and banks on private land, further limiting public access.
The Colorado Attorney General’s 1983 opinion, which attempted to clarify that floating on streams without touching the bed or banks did not constitute trespassing, has never been legally binding. This lack of binding authority has led to inconsistent enforcement across the state and has emboldened some landowners to take extreme measures to block public access, including the erection of dangerous physical barriers across rivers.
The Hill vs. Warsewa Case: A Missed Opportunity
The Colorado Supreme Court’s recent ruling in the Hill vs. Warsewa case has been a significant setback for public access advocates. Roger Hill, an 81-year-old angler, sued the state after being harassed while fishing on the Arkansas River. Hill argued that the river was navigable when Colorado became a state in 1876, and therefore, its riverbed should belong to the public.
However, the court dismissed Hill’s case on standing grounds, ruling that he could not pursue a declaratory judgment without first proving the state’s ownership of the riverbed. This decision leaves anglers and other outdoor enthusiasts in a Catch-22: they cannot sue to confirm their right to access the water without standing, and they cannot gain standing without first proving their right to access the water.
Mark Squillace, Hill’s attorney and a professor of natural resources law at the University of Colorado, has called Colorado’s stream access laws “a total outlier” in the Mountain West. In contrast, states like Montana and Idaho have much more permissive laws that allow the public to access rivers and streams up to the high-water mark, regardless of who owns the underlying land. Colorado’s narrow interpretation of public access rights not only limits recreational opportunities but also creates potentially dangerous confrontations between landowners and the public.
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Every peak. Every trailhead. Every detail: in one spreadsheet.
- All 58 peaks ranked beginner to expert
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We Need Legislative or Administrative Action
The Denver Post’s Editorial Board recently issued a stark warning: if lawmakers don’t act to clarify and expand public access rights, someone could get hurt. The editorial highlighted the aggressive actions of landowners like Mark Warsewa and Linda Joseph, who have gone to extreme lengths—including throwing rocks and firing guns—to keep people off “their” river. These actions are not only illegal but also dangerous, and they underscore the urgent need for Colorado to adopt clear, comprehensive legislation to protect public access.
Colorado’s state legislature has the power to resolve this issue once and for all. By following the example set by Montana, which grants the public broad access rights to navigable waters, including the right to portage around obstacles, Colorado can ensure that its waterways are accessible to all. Montana’s model legislation provides a blueprint for Colorado to follow, balancing the rights of private landowners with the public’s right to enjoy the state’s rivers and streams.
Alternatively, the Polis Administration could act now to establish a task force or commission to identify and define those rivers and streams that were navigable at statehood – a move that would provide them immediate public access protections without requiring any legislative action.
Why Public Access Matters
The issue of public access to Colorado’s rivers and streams is not just a legal technicality—it’s a matter of fundamental public rights. These waterways are vital public assets that support recreation, commerce, and the overall well-being of Colorado residents and visitors. Fishing, boating, and other water-based activities contribute millions of dollars to the state’s economy and are a key part of Colorado’s outdoor heritage.
Yet, the current legal framework places these opportunities at risk, leaving the public vulnerable to harassment, physical threats, and even arrest. The status quo not only restricts access but also fails to recognize the importance of these natural resources to the people of Colorado and leaves these areas at risk of closures at any time, depending on the whim of landowners and local law enforcement.
Take Action to Support River Access
The time has come for Colorado to modernize its stream access laws. To ensure that the state’s rivers and streams remain open to all, we need a comprehensive legal framework that reflects the public’s rights while respecting private property. Here’s how you can help:
Contact Your State Representatives: Urge them to support legislation that expands public access to Colorado’s rivers and streams. Emphasize the importance of clear, consistent laws that protect both public rights and private property.
Support Advocacy Groups: Organizations like American Whitewater, Backcountry Hunters & Anglers, and the Colorado River Outfitters Association are leading the fight for public access. Join or support these groups to help amplify their efforts.
Raise Awareness: Talk to your friends, family, and community about the importance of this issue. Share information on social media and participate in local meetings and events to build momentum for change.
Be a Responsible Recreationist: If you’re accessing Colorado’s rivers and streams, make sure to do so responsibly. Respect private property, follow all laws and regulations, and help protect the natural environment.
Colorado’s rivers and streams are too valuable to be locked away from the public. By standing up for public access, we can ensure that these natural treasures remain open and enjoyable for generations to come. Now is the time to speak out and demand change.
Learn More: Additional Resources
Check out these articles and reports with more information about river and stream access in Colorado for the public and efforts to protect it for the future.
- Editorial: Fight to protect our right to enjoy Colorado’s rivers and streams from private landowners
- American Whitewater Colorado River Navigability Report
- Colorado Supreme Court Rules Against Public Water Access – Backcountry Hunters & Anglers
- Colorado Supreme Court upholds narrow stream access laws – ‘a total outlier’ in the Mountain West
Free: Complete Colorado 14ers Planner
Every peak. Every trailhead. Every detail: in one spreadsheet.
- All 58 peaks ranked beginner to expert
- Safety notes and seasonal windows for each
- Route difficulty, mileage, and prep tips
