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Old 01-16-2010   #1
Arvada (Denver), Colorado
Join Date: Jul 2005
Posts: 250
HB 10-1086 Private Interest Landowner/Water Rights Limited Liability Bill

HB 10-1086 Private Interest Landowner Limited Liability Act of 2010 has been introduced by Colorado House Representative Curry and Senator Hodge on 1/14/2010 at http://www.leg.state.co.us/clics/cli...le=1086_01.pdf and is likely a bill related to private commercial boating only company interest "Commercial Outfitter's Job Protection Act" bill to allow portage and use of the bed incidental for only their safety while boating but not fishing or other recreational activities.

HB 10-1086's language appears to strengthen only the land owner private title interest's limitation of liability over a water user public easement interest's expansion of liability.

There are 3 primary private interests and 2 primary public interests that will be involved in both this bill and the main event bill likely to be introduced within a short time:
1 Private land owner title interest
2 Private commercial outfitter boating only company interest
3 Private commercial outfitter wade/boat fishing company interest

1 Public boater interest
2 Public wade/boat fisherman interest

Score HB 10-1086 to benefit the private land owner title interest.

Our focus as public recreational water users, mainly public interest boaters and fishers, should zero in on how the words and phrases, the language, of HB 10-1086 as well as the related upcoming bill, benefits or deters each of the 5 interests, both public and private, to shape any bill so that All Win. Neither of these bills should gain our support, opposition or neutrality without reading and amending, if/as necessary, them, line by line, firsthand.

I know I will.

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Old 01-17-2010   #2
lmyers's Avatar
Buena Vista, Colorado
Paddling Since: 2005
Join Date: Jun 2008
Posts: 4,178
After reading the bill it seems like it only applies to injuries to people who are on private property, and the liability concerns of the landowner. It doesn't appear to do anything to limit recreational access to waterways.

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Old 01-17-2010   #3
Arvada (Denver), Colorado
Join Date: Jul 2005
Posts: 250
Originally Posted by lmyers View Post
After reading the bill it seems like it only applies to injuries to people who are on private property, and the liability concerns of the landowner. It doesn't appear to do anything to limit recreational access to waterways.
Apparently, there's going to be 2 bills. I'm interested to learn the purpose behind splitting them up. This one limits the liabilities for the private land owner and expands the liability for the public water user. The upcoming bill limits the private outfitter user easement and expands the private owner title to only float upon, use of and access to/from the privately owned bed incidental only for safety purposes rather than all lawful recreational activities and rights.

The main bill seems to disregard the private wade/boat fishing outfitter, public fisher and public boater in this or future legislation. If so, these bills may neither rock a boat nor float a fly for the water sportsman's interest.

We'll soon see...
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