Originally Posted by buckmanriver
According to state water law could you run a permitted section of river without a permit as long as you never toughed the banks of the river?
The state owns the water not the parks or land management agency's.
Westwater would be a good example of this concept as you could make the run with out touching the permitted land.
Not according to state water
law but according to state criminal trespass
law, you may be in violation of the trespass statute, as it is presently written, if you touched the beds or banks of the natural stream. In the Colorado trespass statute, the definition of "premises" includes "beds and banks". HOWEVER, under the Law of Supremacy, Federal law prevails. Such being the case, and if you or anyone are willing to either get cited for trespass or file your own complaint to challenge the state statute all the way up to the Colorado State Supremes, you'd win, imho, to confirm
your right to use the publicly owned water and the touching or contact with the submerged bedlands incidental to that use of the water.
Further, as already confirmed in local, state and Federal laws and rulings, you can access to/from
natural streams via publicly owned land or a public right of way such as a public county bridge ROW. Remember, most county bridge ROW's are 60' wide. The bridge itself is usually 30' wide, leaving 15' of public travel right of way of any type
on either side of the bridge. Even tho there's a fence attached to the bridge, you still have the confirmed right, under law, to travel by foot, bike, whatever, within that public bridge right of way.
Separate the two rights in your mindset... there's USE of
and there's ACCESS to/from
a natural stream. Understand the difference.
Lastly, if, under state REGULATIONS, you need a permit to make use of or access to/from a particular natural stream, such as WW section, that is different than whether you can avoid touching bottom to obviate the need for the permit. Whole different ball game. Touch or don't touch the bottom but get the permit to use the natural stream or section that requires, under state regulation, a permit.