Take a look at Parcel 8 on this Lower Blue Land Exchange Map Attachment 3634
. If you portaged over and within this up
land (not the bed land, the up
land) parcel, you were trespassing. If, otoh, you portaged around 8 and were entirely on public land and/or the easement, then you were ok.
Which was it? Please point out specifically
land portaged over, then we can go from there.
Knowledge is power. If you want to portage here legally, take this attached map with you, or, better yet, print out a Grand County Assessor's map of this area with the legal boundaries and have at your portage over public property/easement so that, if the Sheriff comes again, you can clearly evidence that you traveled, as you have a right, appropriately.
Just as the private property owner has the right to be free from trespassing, so the public sports user has the right to be free from harassment.
While I'm at it, here may be the history of those several new No Trespassing and No Portaging signs along the river at this up
land property. The father, son and I were among the attendees and participants at one of the Governor's (Ritter) River Access Dispute Resolution task force meetings back in 9-11/2010 at which it was reported that, up in the Steamboat area, state No Trespassing signs seemed to prevent trespassing better than private made No Trespassing signs. These Blue River ranchers, as is my understanding, got the idea to request state signs and the rest is history.
Just as any private interest can request No Trespassing signs to gain clarity on their private property or easement right of way
, so too can the public interest request Access Point signs to gain clarity on their public property or easement right of way
. A case in point, for example, may be the Trough Road bridge right of way
which likely has a 60 foot wide ROW
, with the bridge itself being 30 feet wide and each side of the bridge having 15 feet that any type of traveler, be it bike, walking, kayak, etc., may travel within and gain access to/from the stream. Put up a couple of Access Point signs, then gate or stile the fence to accommodate rafts, kayaks and or walk-ins and/or put a half diameter of pvc over the barbed wire, etc. within the right of way
to gain existing and lawful access to the stream. All Win.
In the instance of this thread, these guys likely trespassed big time and, if so, I have no sympathy for them. otoh, if, in another instance, water users were good to go where they were portaging, then the private guys should receive no sympathy to harass and intimidate.
Next time any of you boat there, maybe take a few pics of the site specific signs, portage path, parcel, etc. to further raise our awareness and clarity.
For that matter and as additionally possible, take some pics statewide of all 4 corner public access points of public bridge row's, signs, fences whether abutting bridges or across streams to share them here in this thread and/or in a dedicated thread or image section and/or send them to me to add to my collection.
Clarity of the law says "Yes." and confusion of the law says "No."