Post By: westsloper Posted: 10/2/2016 1:26:26 PMPoints: 686
For everyone floating and enjoying the great fall fishing on the river, remember there are still laws that need to be followed! I own about a mile and a half of river front with 2 small islands in the river. Today alone I witnessed 4 different boats stop, get out of the boat, and fish from the shore of one of our islands. One guy even took a crap behind a log on the island. Now I don't mind if people stop and fish for a bit and I understand that nature calls from home to time. However most land owners do mind and have every right to turn you in for trespassing! Like I said just a reminder, land owners don't own the water but we do own the land under and along the sides of the river! Getting out of your boats can lead to serious charges and fines.
Reply by: Hawaiian Punch Posted: 10/3/2016 8:29:24 AM Points: 4061
If it bothers you SO MUCH . .put up a barbwire fence,post signs and put the local sheriffs phone # on your speed dial . . .remember . . .as a land owner its your "RIGHT" to inforce the property laws . . .better yet,just sell the property to someone else and let them worry about it! (I'm sure you'll get a good price)
Reply by: Dakota Dude Posted: 10/3/2016 8:46:53 AM Points: 2110
He said it doesn't bother him much. Hypothetically speaking, I think if we all owned land and saw some stranger leave behind a gift like that we would all be a bit upset.
Westsloper is simply reminding us of water laws. Technically, in a scenario such as this, if a fisherman even lays an anchor or weight on the bed of the river it's considered trespassing. Obviously common sense needs to be instituted when enforcing such laws, but that is how the law reads.
Reply by: Hawaiian Punch Posted: 10/3/2016 9:19:25 AM Points: 4061
I'm sorry . . .I'm just tired of people that complain . . .I don't river fish for a reason(no eyes in most rivers in CO) and Trout don't do much for me as I have been here all my life and overdosed on them when I was young. As for Westsloper . . .When you own a mile and 1/2 of a riverfront property comes great responsibilitys . .one of which is how to deal with trespassing . . . .are the trespessers on their own or with a guide? Guides should be held responsible for their clients,talk to the guides and or the person the guides work for .
Reply by: Walleye Guy Posted: 10/3/2016 10:43:19 AM Points: 106
I try hard not to trespass...I know it is MY reonsibility to know the rules and property lines etc. I try, but sometimes it is difficult to ascertain where the line is on a river or creek away from roads and fences signs et.
As far as the guy taking a dump....if ya gotta go ya gotta go if you know what i am saying. My take is if he buried or removed the waste he did all he can do to make it right.....if he left it exposed book em Danno.
Hawaiian Punch - You obviously have a very little reading comprehension, I never once said it bothers me! This land has been in my family for 60 years. And I just like my grandparents have never turned anybody away from fishing on our property as long as they are respectful and follow the law. I was simply stating the fact that it is illegal and I see more people doing it as of late. I know for a fact my neighbors to the east and to the west are not as accommodating as I am. Luckily for most fisherman their houses do not look directly down to the river so they do not see it as much as I do.
Thumbs up Westsloper and Thank you for allowing the public access. I wonder if a sign was posted just to inform those passing by might make a difference? I' m just thinking maybe they weren't aware they were trespassing.
Most people don't look at signs is what I've noticed! My neighbor is constantly complaining about his no trespassing signs either getting shot by shot guns or ripped off and thrown in the river. We live in a different world I guess!
Reply by: riper69 Posted: 10/4/2016 8:15:31 AM Points: 2325
Way off topic but not the first snow storm but the first one to stick to I 70 maybe an inch. It shut the highway down. You love in Colorado and it is going to snow for the next 9 months snow tires chains and common sense will keep the highway open. If you don't drive in snow when Georgetown lake freezes and after the first of the year you can drive on the lake. Weekends before the jeep races. It's going to be a long winter if this is happening already. Snow is here. Up at Loveland we started to make snow. The kiwis will be working there asses off to get us skiing in the near future.
Reply by: Dakota Dude Posted: 10/4/2016 8:16:18 AM Points: 2110
If you actually read and digest the contents of the original post, this thread was not intended to be about enforcing land owners rights. It's about making fisherman aware that you may face consequences if you trespass. Pointing out that landowners don't own the water, which is why you are legally allowed to float the river, but if you step out or make contact with the river bed and/or surrounding lands you are trespassing
Obviously this only applies to rivers that run through publicly available property owned by Colorado or other federal agencies.
Pointing out laws and regulations only helps other people become more aware and hopefully protects them from committing acts that could result in legal ramifications.
Westsloper's comments were totally reasonable...more than reasonable IMO. Inconsiderate land abuse is absolutely rampant (on public and private land) ...no wonder just about every inch of private land is now off limits.
I will say that I believe Colorado's interpretation of landowner rights to a stream/river-bed is contrary to most other states. My understanding is that most states hold that a river/stream must allow public access 1) if navigable but 2) only up to the average high water mark, which allows for some access to the shore, as well as for touching rocks and the stream bed, etc, while not allowing people to wander around private land indiscriminately.
I think CO's interpretation of landowner rights regarding rivers, like its water laws in general (I can't collect rainwater for my garden...really!?), are antiquated and one-sided.
Reply by: Luke the Dog Posted: 10/6/2016 2:15:30 PM Points: 34
Westsloper, thanks for politely making a point, especially when there are so many people around who were not brought up to show respect or follow rules. Sorry about the "I'm just tired of people that complain" type posters who clearly don't get it...I don't think I'd be as nice as you anymore if folks were treating my land like that!
Reply by: MOJO Posted: 10/7/2016 10:44:43 AM Points: 272
Being respectful is a good thing but landownership to the extent of possessiveness is ridiculous. The indigenous people had it right to believe this, much like present day Finland where there is the right of everyman to all land access, within reason. Otherwise we end up in CO with the idiotic situation they have in WY. Thank god for the National Forest System.
Reply by: esoxrocks Posted: 10/7/2016 11:33:21 AM Points: 2483
This really doesn't have to do with Westsloper's post, which I understand completely, but...
HOW DOES the river landowner rights rule work in real life? For example, if there are cabins all along the river every hundred or so yards, does that mean each cabin owns the stretch of river bottom in front of their property as well...i.e., so a float fisherman can literally pass from riverbed owner to riverbed owner every hundred yards.
Taking it to an absurd level...does that mean that if the guy comes out of his boat and bangs into rocks while floating down the river for a half-mile before he can self-rescue...has he technically trespassed on many different landowners property?
Reply by: El Jefe Posted: 10/7/2016 2:05:51 PM Points: 265
Just to make sure I understand the laws correctly, you own the land all the way to the middle of the MAIN RIVER itself (i.e. to the middle of the main river body shown on the opposite side of the island in your photo).
If, for one reason or another (i.e. erosion, flooding, etc.) the MAIN RIVER was to temporarily/permanently switch to the near side of the island (that you show in the picture), you would no longer own the island, correct?
In WA State we would walk alomg the beaches and most people were cool as long as you didn't trash it out for their property actually extended out so far into the Sound itself. Once in awhile you would run into someone who wasn't ok with your tresspassing and you just had to except the fact and go the oher way. However there was one time a year when you could get even with them. When the Summer soltice came around you would have more than ten times the amount of beach in front of their home and if you went out far enough there wasn't much they could say. Its just best to respect their requests wether right or wrong to make things easier on everyone else. You can always find another spot. :)
Longfish - First off, In my eyes no harm no foul applies in this situation. That little island gets washed out every year in high water. Now if someone was to dump a bunch of trash on it or tear out vegetation, I'd take the proper actions to rectify the situation.
El Jefe - The line is a meandering meaning it will follow the center line of the main channel. So yes I could either gain or loose acreage depending on the main channel. We bought a 5 acre neighboring property in 93', do to high water years we actually gained nearly an acre by 2002. I had it surveyed in 2002 and it came out at 5.875 acres.