Colorado Boaters,

The Colorado River Outfitter's Association, Gunnison Basin Outfitters and private boaters are organizing a rally on the Lake Fork of the Gunnison the morning of June 15th, 2001. A court case filed on June 1st seeks an injunction to close this section of river and, through precedent, every river in the state.

The purpose of the rally is to demonstrate our right to float the rivers of Colorado.

We are making a plea to anyone who cares about river recreation in Colorado to attend or send someone who can. In the coming months a battle over our right to float will be waged in the courts, in the fields of public opinion and very possibly on the ballot. This is an important event to show the citizens of Colorado what is at stake.

We will be putting in at the Gate Campground at 10 AM on Friday, June 15, 2001. If there is anything we can do to help get you on the water please call.

Contact:

Jack Nichols
1-970-944-2559
1-877-226-6422 (toll free)
E-mail: jack@cannibaloutdoors.com

Craft:

Kayaks, Canoes, Catarafts, Rafts (14' or less).

Shuttle:

To be handled by local outfitters.

Plan A:

Meet at Cannibal Outdoors (south side of Lake City on Highway 149 next to Lake City Resort) the evening of Thursday, June 14 for FREE BEER, free camping, free showers, horseshoes, croquet, campfire, and lies. 8 AM loading. 9 AM driving. 9:30 AM rigging. 10 AM floating. Afternoon run of Class III-IV Sapinero Canyon on the Lake Fork for those interested.

Plan B:

Meet at the Gate Campground (Highway 149 between Lake City and Gunnison) at 9:30 AM for 10 AM launch. Camping available at the Gate Campground ($5). Additional Camping available at Red Bridge Campground downstream.

Cannibal Outdoors, a Colorado River Outfitters Association (CROA) member outfitter, was recently named in a lawsuit in Gunnison County District Court alleging civil trespass for conducting float trips on the Lake Fork of the Gunnison River through the private property of Gateview Ranch.

Land owners, private boaters and CROA representatives have participated in a Water Surface Recreation Forum sponsored by the Department of Natural Resources over the past two years seeking ways to accommodate conflicts between landowners and floaters.

In spite of these efforts, Gateview Ranch has recently indicated that it "respectfully disagrees that there is any legal right of the public to float the Lake Fork where it flows through private property."

While there is broad agreement that floating on Colorado's rivers does not constitute criminal trespass, the supporting organizations including American Whitewater and the Colorado Whitewater Association (CWWA) are working to educate the public and landowners that floating on these rivers does not constitute civil trespass either.

The Right to Float Rally will be attended by commercial rafting companies and private boaters concerned with, and in support of, public access to floating rivers in the state of Colorado.

Commercial river rafting in the state of Colorado represents an economic impact of more than $122 million per year, according to a recently released report by CROA.

Colorado River Outfitters Association (CROA) member, Cannibal Outdoors, was recently named in a lawsuit in Gunnison County District Court alleging civil trespass for conducting float trips on the Lake Fork of the Gunnison River through the private property of Gateview Ranch. CROA has prepared this position statement to represent its support of the defendant, Cannibal Outdoors, and the general public's right to float. This statement is in response to the press release issued on June 4, 2001 by Bratton & McClow LLC, the law firm who filed the suit on behalf of property owners, Gateview Ranch, Inc. and Timber Ridge Ranch, Inc.

Over the past two years, CROA representatives, land owners and private boaters have participated in a Water Surface Recreation Forum sponsored by the Department of Natural Resources seeking ways to accommodate conflicts between landowners and floaters. In spite of these efforts, Gateview Ranch recently indicated in the press release dated June 4, 2001, "It is Gateview's position that there is no legal right to float through private property. This position is based upon a 1979 Colorado Supreme Court decision in People v. Emmert which held that 'the public has no right to the use of waters overlying private lands for recreational purposes without the consent of the owner.' Emmert has not been overruled and remains the law of Colorado."

CROA contends that in direct response to the Emmert conviction, the state legislature amended the trespass statute (C. R. S. 18-4-504.5) to approve of floating through private property. In so doing, the legislature indicated that it intended to allow float trips that stayed on the water and off the banks owned by adjacent private property owners. The Senate sponsor stated, "If they want to canoe or tube or stay on the water, not bother the properties, why there would be no problem." It makes no sense to contend that the legislature was making boating possible by decriminalizing it, while at the very same time the legislature was making boating impossible by subjecting boaters to unlimited liability for civil trespass. This argument is inconsistent with the legislature's expressed intent. In 1983, the Attorney General of Colorado issued a formal opinion interpreting the impact of the statutory amendment. The Opinion answered two key questions: 1) Are boaters subject to criminal prosecution if they float across private lands? 2) Does the law of trespass allow private landowners to prohibit boating? The Attorney General concluded that the answer to both questions was "no." The statutory amendment modified the common law rule on which the Emmert case was decided.

CROA is particularly concerned and takes issue with a potentially dangerous precedent of this suit seeking an injunction to stop floating. Every floatable river in Colorado passes through private property at some point. Citizens of Colorado and tourists from around the world have enjoyed floating Colorado's world-class rivers for years -- running the rivers of Colorado is part of our frontier history, part of our quality of life and part of our vital tourism economy. Commercial river rafting in the state represented an economic impact of more than $122 million in 2000, according to a recently released report by CROA. In support of this position, CROA members and private boaters will participate in the "Right to Float Rally" on Friday, June 15, 2001 on the Lake Fork of the Gunnison River, the section of river in question.