Originally Posted by deepsouthpaddler
Thanks for the info! I like concept. The only problem I have with it is that the "high water line" is very vague, and its not always 100% clear where it is. Is the high water line of the average annual peak, the 100 yr flood plain... you get the point. Also, many portages require boaters to walk up and over the high water line, ie Bailey at 4 falls. While its a start, I'd really like to see the ability to scout or portage hazardous location as a boater.
Here's more of the language in the amendment initiative at http://protectcoloradowater.org/wp-c...Final_text.pdf
that gets your portage...
"Section 5 of article XVI of the constitution of the state of Colorado is amended to read:
"(5) Access by the public ALONG
, and on, the wetted natural perimeter of a stream..."
From the boaters and anglers' perspective, the language in initiative #3 whose Single Subject is "the public's
(superior) interest in water of natural streams"
, subtitled "Colorado Public Trust Doctrine"
, especially, paragraph (5), is every boater's and angler's wet dream and could easily be nicknamed "The Touch Bottom"
initiative because of its expansive access and use language.
Richard Hamilton of Fairplay and Phillip Doe of Littleton wrote initiatives' #3 and 45 "Diverted water"
, whose Single Subject is "public's control of water"
and could easily be dubbed the "no irreparable harm"
initiative. Appropriated (diverted water for beneficial use) water must be returned clean. No "irreparable harm". Environmentalists, especially the anti frackers, have similar dreams about 45 as it quite possibly would stop fracking dead in its tracks. And, because of the quantity of consumptive water used in fracking, which is an ever growing amount that contributes to the further de-watering, water temp raising and, ultimately, killing of and sucking dry the upper Colorado (above Kremmling) and Fraser Rivers, etc., is a good reason for boaters and anglers to support 45 from that perspective.
The challenge doesn't necessarily come from the substance of these initiatives. Rather, it comes with the procedure involved with them. 86000+ valid signatures need to be collected by the deadline of 3 pm on August 6, 2012 and submitted to the Secretary of State. Organization and funding are also part of the challenge. All this means that if you want to participate, you better get on the damn stick now for this go round. [email protected]
or protectcoloradowater.org to get info.
Should this effort be less than successful, any of you latent wannabe activists out there may want to consider a coalition with environmentalists, etc., to organize, build a web site, blog and/or Facebook and fund, etc., another binding citizen petition for a 2014 initiative to build on these initiatives since the foundational framework language is already there and has already gotten the ruling by the Colorado Supremes that it indeed meets the Single Subject requirements. A little tweaking here, a little revision there and, violins!, you get your water access, use and environmental protection issues clarified and re-affirmed.
Along with the initiative avenue, our water use, access and environmental protection rights can also be clarified and re-affirmed (Colorado is about the only state that has a gray area in these issues) by binding legislative or judicial means. These frameworks are in place and ready to go. Just add organizing, funding, etc. Not a cakewalk, but doable.
I have more, just ask.
So who's up for a lap or two to clarify and re-affirm your rights to use, access and protect your natural streams so that All Win