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Well that's simple! PRIVATE ACCESS! And yes its still illegal for you to step out of a boat and stand on "MY LAND" under the water!
 

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Well that's simple! PRIVATE ACCESS! And yes its still illegal for you to step out of a boat and stand on "MY LAND" under the water!
Not under federal law. A river that is big enough to be navigated by a kayak is navigable for commerce clause purposes, and there is a navigational easement to use the bed and banks of the river up to the ordinary high water mark. Here's a simple one page handout that explains the basics in Colorado

http://www.nationalrivers.org/2013 10 final COLORADO handout on 8x11.pdf

Please feel free to share the law that you believe makes it illegal to step out of the boat on the river.
 

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In Costa Rica you can camp on any beach,... no beach is privately owned. Up to like 10 ft from high water mark or something. Roads in, property above, cliff walls on either side of the atol may all be owned but if you can get to the beach without trespassing you can camp on it! Pretty cool.
 

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I'd love to step out of my car along any river in Colorado and fish..but I also know that people have paid a premium for those particular properties with the expectation that they are private. To take the cost of that premium paid away with out compensation wouldn't be right.
 

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Good point Hobie, but I fear the government or the "National Rivers" guy would consider 'compensation' to be a nice pat on the back and a pile of trash on the private property...
 

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Sorry I'd much rather have the opportunity to own my own PRIVATE stretch of a river one day, than push laws for people to trespass. It would be one thing if everyone was raised right and didn't poach and litter, but the general public has a way of trashing things.

I see those pretty private stretches of river my through process isn't why can't I fish there... It's what do I have to do to own something like that. It motivates me to work harder and smarter.
 

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Sorry I'd much rather have the opportunity to own my own PRIVATE stretch of a river one day, than push laws for people to trespass. It would be one thing if everyone was raised right and didn't poach and litter, but the general public has a way of trashing things.

I see those pretty private stretches of river my through process isn't why can't I fish there... It's what do I have to do to own something like that. It motivates me to work harder and smarter.
Trespassing is still trespassing. Think of it like the sidewalk in front of your home, you own the land the sidewalk is on, but the public has an easement to use the sidewalk. The public still has to access the sidewalk, or in this case the riverbed at a public access point. Joe Public could not walk across "your" property to enter the "public easement."

The proposed Utah law has personal property limited liability provisions also included to protect the landowner. This type of access has worked well for decades in numerous states for decades, including are recent re-affirmation of the existing law by the Montana Supreme Court.
 

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I see this both ways.

There's alot of river access that I'd like to enjoy, especially on the lower arkansas... that is private. but at the same time, if you buy land like that... you buy it because it's private and you don't want anyone on it.

If I owned riverfront property, I'd be like every other land owner, and I'd barb wire the riverbank and shore to keep people out because I know what people do to public property...
 

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I own 2 miles of riverfront and a 10 acre island in the river. If someone knocks on my door and asked permission I almost always will allow them to fish. If some self entitled dick weed crosses my property or stops his boat on it with out permission because he or she thinks its their right, that is trespassing.
 

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A lot of landowners don't mind fishermen or hunters as long as you ASK.

I had a home in the midwest a few years back with over 1000ft of lakefront shoreline (bass, bluegill, crappie lake), my dock smack dab in the middle, a public dock on the adjacent property.

Anytime a fella came to the door and asked to fish I'd say yes.

But it's pretty frustrating to look out your window and see guys walking though your backyard with a fishing rod in hand , or worse yet take up shop on your dock with out bothering to ask permission (and yes they really do !).

Those guys never got a second chance, I just kicked em out.

I understand guys wanting to fish, I do to, just ask, all they can do is say no, and whether they do or not you did the right thing by respecting someone else's property.

That respect goes a long ways.
 

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The Colorado as well as several other rivers around the state I'm sure! Here's something that will blow your mind! My neighbor has a 180 acre island...boom!

Wow. I'd type a more thoughtful response, but at the moment I'm occupied with trying to pick neurons and synapses off the walls and floor.
 

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Not under federal law. A river that is big enough to be navigated by a kayak is navigable for commerce clause purposes, and there is a navigational easement to use the bed and banks of the river up to the ordinary high water mark. Here's a simple one page handout that explains the basics in Colorado

http://www.nationalrivers.org/2013 10 final COLORADO handout on 8x11.pdf

Please feel free to share the law that you believe makes it illegal to step out of the boat on the river.
That may be federal law, but individual states still have the right to make their own laws.
 

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That may be federal law, but individual states still have the right to make their own laws.
Yep. And here in Colorado, the state has decided to let the landowner keep your from touching bottom in "their" river. You can float through it if you can, but if you stop, thats trespassing.

Had the same issue growing up in Virginia but they cited "King Grant" law. Lot's of cases and articles on it out there, but to summarize on the Jackson, James, New River and several others, they get credit for land grants that go back to King George. They not only own the river, and the bottom, they own the air and everything above. You can float through, but you can not fish it at all. So far, its held up in court too.

While I disagree with the premise, I'd rather not go to jail or pay a ticket. So, I fish all those miles of legally accessible water.
 

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I dont care how much cash you have I dont think you should be able to own part of a public river!!(The land up to/next to the river sure... but not the river itself or any of the land below the high water mark!)

If you want private water buy property with a pond! If you want your own river than you better fork out the cash for a massive pump and the electricity to power it!!

However I know thats not the law(or how the law in enforced) here in Colorado... And even though i dont support it i will follow it.. and if I were to want to fish a "private" section i would not just do it... i would do the right thing and ask for permission!

With that said.... I cant remember the last time i fished a river.. I prefer ponds and lakes!!
 
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