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Colorado Private Property Water Access Amendment (2010)

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Proposed allot measures that were not on a ballot
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Colorado Private Property Water Access Amendment did not appear on the November 2, 2010 statewide ballot in Colorado as an initiated constitutional amendment. The measure called for limiting the use of rivers and targeting rafters with liability provisions. A total of twenty initiatives were filed on the issue.[1]

Background

The proposed amendment, along with a competing measure that instead called for affirming the rights of rafters, were filed on March 26, 2010 in reaction to lawmaker inaction and an impending initiative deadline. A bill, House Bill 1188, proposed establishing the right for commercial rafters to float through private property. The bill passed the House but stalled in the Senate. The bill was sponsored by Rep. Kathleen Curry.[2] The bill was later changed in a Senate committee to open most rivers to "all river enthusiasts." However, as of May 11, 2010 the bill was defeated in a conference committee. Rep. Curry said, "I'm disappointed that the bill is dead, but it's not over. I regret that we were unable to find a solution. I don't think the ballot process is going to solve the problem."[3][4]

In the early 1900s the Colorado Supreme Court ruled that fisherman couldn't wade into rivers on private land to fish. The ruling included rivers that were stocked with fish by the state. A similar ruling was made in 1979.[5] In the 1979 case, People v. Emmert the state's high court ruled that although the defendants (river rafters) in the case did not encroach on property they were guilty of trespassing. According to the ruling, the court held that the "landowner has the right to close public access to streams overlying his lands." Additionally, the court said, "We hold that the public has no right to the use of waters overlying private lands for recreational purposes without the consent of the owner."[6]

Path to the ballot

See also: Colorado signature requirements

In order to qualify the proposed measure for the 2010 ballot a minimum of 76,047 valid signatures were required. The signature filing deadline for the 2010 ballot in Colorado for initiated constitutional amendments was August 2, 2010.[7] However, as of petition deadline day, no signatures were filed.

See also

Related measures

Articles

External links

Additional reading

References