I'll just throw in a coupla curve balls....
Understanding that this may not have the force of law, under Article VI, Section 3 of the state Constitution, how about asking the AG and/or Supremes for an opinion? No cost, right?
Does C.R.S. 25-8-102(2), see link and text below, mean that it is codified public policy that recreational use is a beneficial purpose of state waters use and, therefore, HB 1188 is moot?
Since there is no definition of "recreational use", wouldn't boating and fishing... wade fishing.... be reasonably assumed as a recreational use?
No civil or criminal trespass because contact of the bed, whether private or public, in ways incidental to recreational use of state waters, is lawful as public policy under this statute?
Does "requirement" mean contact with the bed for fishing and boating recreational uses?
Is it only for this Act's purposes?
Or is this water law and not property law? Isn't water property?
Colorado Water Quality Control Act in Title 25 Health
25-8-102(2) It is further declared to be the public policy of this state to conserve state waters and to protect, maintain, and improve, where necessary and reasonable, the quality thereof for
public water supplies, for protection and propagation of wildlife and aquatic life, for domestic, agricultural, industrial, and recreational uses, and for other beneficial uses
, taking into consideration the requirements of such uses; to provide
that no pollutant be released into any state waters without first receiving the treatment or other corrective action necessary to reasonably protect the legitimate and beneficial uses of such waters
; to provide for the prevention, abatement, and control of new or existing water pollution; and to cooperate with other states and the federal government in carrying out these objectives.
Also, check out:
25-8-104(2) The following criteria, in addition to those otherwise prescribed by law, shall apply to
any policy, rule-making, adjudicatory, administrative, or executive decision of the water quality
control commission or to any judicial decision related thereto:
(a) All state waters shall be presumed to be available for beneficial uses under and in accordance with the constitution and laws of the state
; and a water right includes the right to divert as defined in section 37-92-103 (7), C.R.S., the waters of the state for application to
25-8-203(2)(e) The need to protect the quality of the water for beneficial uses such as domestic, agricultural, municipal, and industrial uses, the protection and propagation of fish and wildlife, recreation, drinking water, or such beneficial uses as the commission deems consistent with the policies of section 25-8-102
and the need to minimize negative impacts on water rights;
Little, if any, cost, to find out about this, right?