For many many years, people have been enchanted by the open spaces of Colorado. We have admired the mosaic of mountains, mesas, deserts and hold a special reverence for the rivers. These waterways provide basic necessities like drinking water, irrigation or wider benefits like fishing, paddling, swimming or simply hanging out on the bank; rivers are commonly held in the highest regard.
However, today that shared experience isn’t a given. In fact the public’s ability to access and use our riverways is under threat by unclear laws, private interests and the dead hand of history. An emerging aspect of the continued effort to privatize our shared public lands.
For too long, the legal landscape around stream and river access has been murky, leaving the public unsure of where they can go and what rights they hold. The courts and lawmakers have made matters worse, having never defined what makes a river “navigable,” a key factor in determining whether it is open to everyone or controlled by private landowners. Out of the 11 continental Western states, Colorado stands alone—lacking an accepted statewide definition of navigability while every other state has established clear guidelines.
The long-standing tradition that the public has a right to explore waterways comes from a legal principle called the “Equal Footing Doctrine,” rooted in English common law, which says that land beneath navigable waters belongs to everyone. Colorado, however, never lived up to this standard. Effectively leaving rivers vulnerable to privatization.
This issue is not just legal — it’s cultural. Colorado has built its reputation as an outdoor mecca, a place where nature’s beauty and adventure are accessible to all. To many, floating down a river isn’t just recreation; it’s a rite of passage, the kind of heritage we should be so lucky to pass down.
When private interests buy up key properties along rivers, they often seek to limit public access, turning these vital waters into exclusive domains. This trend threatens to turn our shared natural legacy into private playgrounds for the wealthy few, unjustly denying ordinary Coloradans their right to enjoy these rivers.
Opponents of public access argue that private landowners should have the right to exclude others, citing property rights and the need to protect land from damage and nuisance. Yet, it should not come at the expense of the public’s right to access and experience Colorado’s iconic waterways. A right clearly afforded to the public in the Colorado Constitution: “The water of every natural stream within the State of Colorado, is hereby declared to be the property of the public, and dedicated to the use of the people.”
Those who wrote these words into our state constitution, dedicating our natural streams to the use of all the people, were not elitists. They did not intend to limit these resources to a select few.Does public use of a private streambed amount to taking private property for public use, violating the Fifth Amendment of the U.S. Constitution? The short answer: no. The public’s access can be viewed as a public easement. States have exercised authority to regulate waterways and set rules for public use. Rules that can protect parties from liability issues, rules of the river such as Leave No trace principles, and other rules of conduct.
No court has ever ruled that public access to these waterways is a seizure of private property or a violation of property rights.The Colorado Supreme Court’s decision in People v. Emmert acknowledged that the legislature can grant this access without violating the constitution, making any claim of a taking in this context unfounded and unsupported by law.
Colorado’s beauty and outdoor economy depend on equitable access. The booming rafting industry, whitewater industry and outdoor tourism are vital to our state’s prosperity. Public assets that bring millions each year, creating jobs, fueling small businesses to the tune of nearly $66 billion annually, creating over 400,000 jobs, all while maintaining our outdoor heritage. To preserve that, we must clarify and protect the public’s right to float and explore rivers, especially to those rivers that have a history of supporting recreation.
It’s time for Colorado’s leaders to act in the interest of the commons — passing a clear, fair law that guarantees public access to rivers while respecting private property rights. We need a law that reflects our values: inclusion, shared stewardship, and respect for nature. Continuing with the status quo only perpetuates an adversarial system. (The Colorado Stream Access Coalition is actively collaborating with lawmakers and engaging the community to advocate for legislation in the upcoming session that safeguards public stream access and clarifies the rights of all Coloradans to enjoy our waterways.)
Our rivers are not just water — they’re part of our identity. They connect us to our past and define our future. Let’s join together as a community, regardless of our background or bank account, to ensure that Colorado’s rivers remain a public treasure forever.
Cody M. Perry, of Mancos, is co-founder of Rig To Flip, a media company specializing in stories about the Colorado River Basin and currently serving as chair of the Colorado Stream Access Coalition.
The Colorado Sun is a nonpartisan news organization, and the opinions of columnists and editorial writers do not reflect the opinions of the newsroom. Read our ethics policy for more on The Sun’s opinion policy. Learn how to submit a column. Reach the opinion editor at opinion@coloradosun.com.
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