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Old 10-23-2010   #11
Arvada (Denver), Colorado
Join Date: Jul 2005
Posts: 250
The Governor's River Access Dispute Resolution Task Force had their second meeting yesterday, Sept 22 in Salida. Yours turly didn't know that I could go to the first meeting so I made up for the lost opportunity to stick my nose into the task force discussion by going to the soire in Salida. Home - Department of Natural Resources

The Governor's charge is for the task force to recommend procedures to river disputes rather than come up with substance frameworks, since the subject part of things is so contentious, a la HB10-1188 which got killed back in the last session.

I couldn't resist the chance to jump into the fire so I submitted a written public comment by presenting hard copy directly to all the task force members at the meeting plus other folks who were there and then followed it with an email version.

The next meeting was in Glenwood on Oct 13, at which I also attended and where public comment was allowed. The last task force meeting is in Denver on Nov 5 at the Colorado Dept of Natural Resources with no public comment at the meeting. Public comment can be emailed to riveraccess@state.co.us

Here's my 9/22/2010 public comment:

River Access Dispute Resolution Task Force Comment

September 22, 2010
My name is Richard Strauss and I am a longtime private land titleholder and public water user from Arvada.

In order to avoid a costly, contentious and currently reviewed and commented 43 page 2012 ballot initiative #3, subtitled the “Colorado Public Trust Doctrine”, an entity may be formed, upon task force recommendation, to clarify, confirm and find a binding agreement resolution to protect, use and enjoy the title, access, use and touch rights-of-way for all Coloradans to/from, along, within, around and of the banks, waters and lands beneath them of our natural streams, pay for the process by disinterested third parties such as the Colorado state government and/or other funding source and appropriately name the entity to reflect its location, cause and effect so that All Win.

Depending on whether a recommended entity is recommended to be binding or non-binding, it may be called a board, authority, court, mediation service, arbitration service, etc. For the purposes of this comment, it will be called a “board”.

That said, the entity name should be called the “Colorado Natural Streams Title, Access, Use and Touch Agreement Resolution Board” and it may be abbreviated to be known as the “TAUT Board”.

Here are procedures for consideration to recommend to the Governor so that All Win:
1 Initiate a ballot such as 2012 ballot initiative #3 “Colorado Public Trust Doctrine”.
Legislative Council Ballot Proposal Data Entry Form
2 Legislate adapted bills for a “Private Title with Public Use and Touch” solution such as Oregon 2010 SB10-1060 at: http://www.leg.state.or.us/10ss1/mea...1060.intro.pdf and a passageway fence on-the-land and/or over-the-water “Private Title with Public Access” solution such as 2009 Montana HB 190 (now enacted) at: http://data.opi.mt.gov/bills/2009/billpdf/HB0190.pdf *.
Also see: Doherty bridge access
3 Program to expand the voluntary and existing CDOW Walk In Access programs to include lawful activities such as fishing and boating for the “Private Title & Private Access” solution at: Walk-in Access Program - Colorado Division of Wildlife *. OR
4 Adjudicate and Administrate by the TAUT Board for claims such as recreational use, title liability, gated fence access, title takings and/or environmental protection and/or Adjudicate by the Colorado Supreme Court, under Colorado Constitution Article VI, Section 3, to “...give its opinion upon important questions upon solemn occasions when required by the Governor, the Senate, or the House of Representatives.”.
* Combine and separate.

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Old 11-03-2010   #12
Arvada (Denver), Colorado
Join Date: Jul 2005
Posts: 250
Here's another comment I've submitted to the task force along with the relevant part of the Governor's Executive Order. Maybe they'll bring it up for discussion at their meeting this Friday, November 5, 1-6pm at the Dept of Natural Resources, 1313 Sherman St:

II.*Mission and Scope

The mission of the Task Force established by this executive order is to re-establish a dialogue between landowners and rafters that will lead to the establishment of a fair and efficient dispute-resolution process for the future.*The charge of the Task Force is to develop a proposal for resolving conflicts among landowners, anglers, commercial rafters, and the boating public.*The Task Force will be charged with developing a framework for resolving disputes on Colorado rivers on a stretch-by-stretch basis as those disputes arise.*This approach recognizes that disputes vary from place to place and that a one-size-fits-all strategy is unlikely to succeed.*Moreover, the Task Force shall clearly articulate the sources of conflict between rafters and landowners, recommend potential solutions, and develop a process for resolving disputes when they arise in a cost- effective, timely manner.
************************************************** ***************

River Access Dispute Resolution Comment

“Colorado Natural Stream and Land Incident Tracking Database”

October 18, 2010

My name is Richard Strauss and I am a longtime private land titleholder and public water user from Arvada.

Because there is a dollar, time and practicality cost disincentive to mediate or litigate disputed incidents of access to or from land adjacent to or beneath and use of natural streams by one or both private and public interests, because there is a general lack of educated awareness, understanding and resolution of the type, location and amount of incidents within this area such as litter, loss, liability, trespass, public or private takings, recreational use and enjoyment, harassment, portage, obstruction of highways, parking, bridge and gated fence access and passageway, etc. as they occur in process around all parts of Colorado and because there needs to be a “knowledge is power” rather than an “ignorance is bliss” approach concerning these incidents in order to gain optimal resolution, a realtime “Colorado Natural Stream and Land Incident Tracking Database”, named such to appropriately reflect its location, cause and effect, should be recommended by the task force to the Governor to be set up to track reports, citations, disputes, etc. as received by dispatch, BLM, USFS, county sheriff departments, etc.

This publicly and centrally available database should be organized on an immediately updated realtime web page and/or other media under the Colorado Department of Natural Resources, Law Enforcement and/or appropriate state agencies and created, authorized and/or clarified by legislation and/or processes already in place within the relevant agencies.

Other appropriate data and information should be included and amended to the database as recommended by the task force.

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Old 12-23-2010   #13
Join Date: Jul 2004
Posts: 121

Governor Bill Ritter, Jr. - State of Colorado

Thursday, Dec. 23, 2010

Myung Oak Kim, 303.947.5708, myung.kim@state.co.us
Todd Hartman, DNR, 303-866-3311 x-8665, todd.hartman@state.co.us


Gov. Bill Ritter today issued a report outlining a series of proposals for resolving disputes between landowners and rafters in Colorado. He also signed an executive order creating the River Access Mediation Commission to provide a way for some of the most contentious conflicts between boaters and property owners to be addressed.

“I’m pleased to announce this report, and the formation of a mediation commission, so we can move forward in resolving these issues fairly and thoughtfully,” Gov. Ritter said. “I believe a mediation commission can work its way through these matters in a civil, reasoned way where all parties’ views are respected and considered in developing a resolution that could alleviate the need for litigation.”

The Governor’s River Access Dispute Resolution Task Force was a 17-member group created in July to help craft ways to sort out conflicts on Colorado rivers on a stretch-by-stretch basis as those disputes arise. Gov. Ritter created the task force through executive order as part of an agreement with stakeholders to set aside numerous conflicting ballot measures on the issue.

The task force report includes eight unanimous recommendations to the Governor on ways to limit disputes between various parties. The recommendations include creation of the River Access Mediation Commission to address the thorniest disagreements. Participation by disputing parties would be voluntary, and the commission would not have the power of arbitration. The report can be accessed on the website of the Colorado Department of Natural Resources at Home - Department of Natural Resources

“I commend the hard work of the task force in developing this report, and extend my thanks for its effort in working through difficult issues that required members to find common ground,” Gov. Ritter said. “The report includes a host of recommendations with great potential to reduce friction between rafters and landowners. I look forward to sharing the recommendations with Governor-Elect John Hickenlooper, and urge him, along with the State Legislature, to thoughtfully review the report.”

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