Opposing the bill as written OR amended to include ALL public interest water users are the private interest Texas developer land owner and, I believe, some water providers. John Hill, the lawyer for the private interest Texas developer, is, I believe, its lead attorney. He wrote a law review article, found in lexisnexis, titled "The 'Right' to Float Through Private Property in Colorado: Dispelling the Myth".
Representing, I believe, the private interest commercial boaters is Lori Potter, who represented the Cannibal outfitters in the Cannibal v Gateview case down on the Lake Fork of the Gunnison back in 2001. She also wrote a law review rebuttal titled "Legal Underpinnings of the Right to Float Through Private Property in Colorado: A Reply to John Hill".
Both articles (possibly get them via a law library or directly from lexisnexis) are, imo, the foundation of the opposing arguments for the bill. Both pretty long and not exactly a comic book read. Well, maybe Hill's article is...
Here's HB 1188 (sponsors are listed at the top of the bill):
HB 1188 "Clarify Outfitter River Navigation Right" bill, AS WRITTEN, is a narrow private interest commercial outfitter boater right bill to float on/over, passage through and portage around publicly owned state waters and beds incidental to contact with and portage around beds for some safety purposes
and should be AMENDED towards a
broad public interest water user (boaters and fishermen) right bill for the use of, passage through and portage around publicly owned state waters and beds incidental to all lawful activities
with the same intent as the July, 2008 Utah Supreme Court Conatser v Johnson unanimous ruling found at http://www.utcourts.gov/opinions/sup...tser071808.pdf
with Conatser's Conclusion stating:
∂29 The district court incorrectly interpreted the scope of the publicís easement in state waters so as to limit the Conatsersí rights to being upon the water and to touching the privately owned bed of the Weber River only in ways incidental to the right of floatation.
∂30 We hold that the scope of the easement provides the public the right to float, hunt, fish, and participate in all lawful activities that utilize the water. We further hold that the public has the right to touch privately owned beds of state waters in ways incidental to all recreational rights provided for in the easement, so long as they do so reasonably and cause no unnecessary injury to the landowner.
Amend the bill's interest from the narrow private outfitter water user to the broad public water user, keep the substance similar (change to an existing or create an applicable statute) and you have a clear, enforceable and sensible bill that can be supported by all public and private interests.
HB 1188 Clarify Outfitter Navigation Right should be an "All Can" rather than a "Some Can" bill.