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Old 05-04-2006   #1
brettb's Avatar
Join Date: Apr 2005
Posts: 131
Police call on my stream Improvements!

Had the police called on me today for moving (by hand) existing boulders to create some small waves and eddies in the straight flushing river behind my place for some high water fun when I cant get away!

Does anyone know the regulations for this?

I was told you can move up to 30 cubic yards of rock to make stream improvements and erosion control!?

If anyone knows off hand the regs please inform me as I would love to fight this one for my enjoyment of the river and a throw in these peoples face.......... and if I'm way off base to be put in my place! Thanks![/b]

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Old 05-04-2006   #2
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Eagle County, Colorado
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Not sure about the 30 cubic yard thing... Were you on private property? I'm not fully clear on this, but if someone owns both banks of the river, and you are touching the bottom, you are trasspassing. Otherwise, I think property owners bordering a river own the riverbed half way accross. This is a little fuzzy in the courts. American Whitewater might know more.

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Old 05-04-2006   #3
Join Date: Apr 2006
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I have no clue about the laws but just wanted to say that it's pretty cool that you have a fricking creek in your back yard with enough cfs to create waves! I would seriously help you move those boulders! Sometimes that's as much fun as paddling. Wait a don't live in Montrose do you???
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Old 05-04-2006   #4
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Lightning.. I own property on one side, a freind owns property on both sides upstream and along side of mine where most of my work is!

Jutsu ... nope not in montrose! it's running only 50 cfs (and is runnable) right now but once it hits 90 plus the waves really come in. The whole run is only a mile but fun on a hot day when I dont have time to run a few miles down stream or have a partner to run something bigger!
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Old 05-04-2006   #5
Join Date: Mar 2006
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first do you live in an incorporated town? if so, contact city hall and see if there're regulations regarding work in a floodplain. second, inquire as to whether you're in a floodplain, assuming you own the streambed in which you were doing these improvements. do you own the stream? third, if you're in a floodplain, you're really not supposed to do anything if it's in a floodplain or floodway, according to fema, but i don't know if there are limitations where fema kicks in or not (amount of earthwork you are doing). my guess is that they won't give a shit about a few boulders, as long as you're not backing water up onto someone else's property. and that raises the next issue: you can't raise the water surface elevation onto someone else's property. your best bet is to talk to city hall or the county gov't where you live.

good luck
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Old 05-04-2006   #6
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Thanks Chris... more info: the banks opposite of my property are about 3 to 4' higher than the water surface! on my property the banks are the same! water level only backs up a few inches with my improvements now and dont reallly think it will rise any higher than last year which was only a foot from my gauge rock! property rights of the river are most likely the towns!
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Old 05-04-2006   #7
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Boulder, Colorado
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Sounds fun; where is it?
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Old 05-04-2006   #8
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POSTED a pic of the wave in question... this is at 54 cfs
the pic is here oh and its in the Georgetown area
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Old 05-04-2006   #9
Join Date: Apr 2006
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Haha, looks better than the library hole at Golden...

The real question is what's the scale? Cause if those are truly boulders in the water, then the hole looks like it could be nice. But then again, if those are just rocks in the water, then maybe you could dig out some depth in the pool below the "hole". Still I bet you had fun designing it. Are there any trout in there?

I think Gary L. should offer you a job.

Edit: I realize my wording sounds a bit offensive upon closer inspection. I wasn't trying to take any jabs at GaryL. who I very much admire for his amazing work around the state. I was more trying to pump up Brett for his project. And I think the new library will be a vast improvement once the water comes up. Thanks.
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Old 05-04-2006   #10
Join Date: Dec 2003
Posts: 206
State statute:
33-5-102. Projects affecting streams - submission of plans.

Statute text

No agency of the state, referred to in this article as an "applicant", shall obstruct, damage, diminish, destroy, change, modify, or vary the natural existing shape and form of any stream or its banks or tributaries by any type of construction without first notifying the commission of such planned construction. Such notice shall be on forms furnished by the commission and shall be submitted not less than ninety days prior to the date of the commencement of planned construction. The notice shall include detailed plans and specifications of so much of the project as may or will affect, as set forth in this section, any stream.

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