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Old 04-30-2009   #21
 
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What ever happened to the artist dude that wanted to cover the river with a giant sheet?
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Old 04-30-2009   #22
 
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Summit, Colorado
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No one has mentioned the fact that while the law supports his ownership of even the bed of the river, if a boater is forced to exit the river onto his property for safety reasons, the law will support our right to do so. While it's not as cut and dry as the fence across the river scenario, I believe that scouting still falls into this category. While the potential run-ins and tickets are unpleasant, if there is an issue and it goes to court, I believe we would win for this reason.

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Old 04-30-2009   #23
 
Golden, Colorado
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Let's not forget about someone who may not be blameless in all this. The realtor that brought him to this spot, told him how "private and secluded" this part of CO is and how no one will bother him. Then he buys it, shows up, sees what is going on, and reacts against all of us. Again, caveat emptur, buyer beware. He should have checked for himself. But now we are paying the price for someone not giving full disclosure so they can make a sale. THIS IS ONLY A THEORY...
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Old 04-30-2009   #24
 
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Quote:
Originally Posted by paddlebizzle View Post
Private land is private land. Even if the owner is a jerk, you still can't walk on his land - period. That means river center up to dry land and beyond.

Hopefully the commercial rafters or American Whitewater can/will get involved and find an amicable arrangement.
If their attitude or lack of cooperation bugs you, donate some money to AW. The last thing anyone should do is fan the flames or provoke them and make the issue even worse.
Actually, if there is a portagable obstacle, then you may go around it ON the owners land. This is called Sportsmans Rights. I am not a lawyer but know one who has been active in the attempt to make colorado rivers navigable (he told me this and you could sue them for thier land for interference, please research further).
In this fucked up state, the public does not automatically get use up to the highwater mark like every other state has adopted. I will not get into the trespass issues
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Old 04-30-2009   #25
 
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Come on boys I would slow down just a bit here.

I was up there last night, eddied out just above the drop, and saw no new signs or fence in the river.... I even think that I talked with the new landowners and they seemed like reasonable folks.. I doubt that he built that house to fire off lawsuits at boaters but who knows. From reading this thread and paddlin up there the past few weeks I would say that yes there is a new house and that is about it...

Zip what did you run into? I was just wondering what happened or if you were able to talk with the land owner?? Or has anyone been able to talk with anyone other than a random salty construction worker... Has anyone had a problem with the landowner on a rescue here?? There are none I know of.....

Also you can walk the road and the bridge so you can take out above the bridge and walk the road to scout... You can see all you need to see. Or scout on the way up.

River right is not a good option trust me... I parked on the side of the road one night a few years back when the bridge was out... Car ended up gettin towed and I had a formal conversation with the landowner and sheriff..

Now I agree with Justin and if it is a rescue well you gotta do what you gotta do..

And come on casper and yeti the sky is not fallin.. I would bet the only change at #5 will be you have to scout from the road.
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Old 04-30-2009   #26
 
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Bozeman, Montana
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rdnek i heard fence and thought the worst... i hate fences.
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Old 04-30-2009   #27
 
the fort, Colorado
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how did this trainwreck of a thread get started? has anyone even approached the new landowners and explained the situation to them?

and what kind of boater that wants to foster good will with property owners in hopes of opening up more private property for access purposes goes around cutting fences?

if you touch even a paddle blade to a rock in a private streambed, you're trespassing. granted it would probably be hard to prove, but still it's considered trespassing. but you do have the right to safe passage if a hazard clearly obstructs the waterway. and colorado isn't the only state in the country to have a law like this. our neighbors to the north have the same law, and they're even more aggressive about it, especially if you have green plates.
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Old 04-30-2009   #28
 
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Yup...Careful with those greenie plates round here. But we also don't have stretches of river that hundreds of boaters scout and stretch a section a day...
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Old 04-30-2009   #29
 
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Eagle, Idaho
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Quote:
Originally Posted by ryguy View Post
What ever happened to the artist dude that wanted to cover the river with a giant sheet?
Not to change the subject...but from what I understand Cristo's project is a "go"....meaning he's procured the appropriate permits to display his "art". Not for a couple more years though...I think. Pinnacle to Parkdale area.

As for the dude with the house at 5....be respectful....maybe he'll like us....maybe he already does....maybe the realtor shared all the traffic info with him...maybe he likes watching boaters just doesn't want crazy trails through his prop. Lots of assumptions made (and sounds like some legitimate run-ins), best bet would be to be nice, paddle 5, scout with permission from left if need be....from road or right if not granted. It's all good.
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Old 04-30-2009   #30
 
Calhan, Colorado
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My good friend was cited for trespassing on river right at #5 a couple years ago went to court in Salida paid a $200 fine. in Colorado landowners have all the rights and authority, land doesn't even have to be posted. Don't put your foot down or you are guilty of trespassing. Very unfortunate but true.
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