Who owns the riverbed?

[Java]

This will decide access for a lot of recreation:

"A federal lawsuit pitting an angler against a landowner on the Arkansas River seeks to clarify Colorado’s murky laws governing public access to streams and rivers. Colorado Springs fisherman Roger Hill has had repeated run-ins with Mark Warsewa, whose property spans the Arkansas River between Texas Creek and Cotopaxi. Hill likes to wade from public land nearby and fish in the river near Warsewa’s place.


“I own the bottom of the river,” said Warsewa, who bought the property in 2006.


Hill on Friday sued Warsewa in U.S. District Court, (https://www.denverpost.com/wp-content/uploads/2018/02/1-complaint.pdf) arguing the bottom of the river actually is public property....

https://www.denverpost.com/2018/02/03/akansas-river-ownership-roger-hill-mark-warsewa/

[Tom]

My understanding has always been the land under the water is owned by the land owner. But you can float the water. I knew this from back when I was a outdoor recreation leader: mountaineering, river rafting, rock climbing, etc.

It was pretty cut and dry at the time, 1970’s and 80’s.

[Getaklu]

My understanding is the same as Tom’s. The ground under the water is owned, the surface of the water not. One still may need to try to “float through a fence” though if trying to go through the property.

[newracer]

x3 You can float through but not wade.

[Jackie]

We had a neighbor next to us in Florida who couldn't understand why we didn't want him and his buddy fishing off of our dock. The lake was privately owned by the neighborhood, but our dock was ours alone. (This guy and his wife were a jerks in so many ways). He told me our dock was way too high over the water and that he was going to build one better... When finished, it looked more like a dance floor built on 2x4's about 6 inches above the water. Needless to say, when the rainy season came, his dance floor was about 4 feet under water not to be seen again until the next drought! He hated it when people would paddle around the lake (trespassing over his flooded yard)!!!

[FINOCJ]

As a whitewater kayaker...the river bottom is owned by landowner in colo as has been repeatedly determined by the local and state courts. This is not case in many other states. AWA - a very influential lobby group managed to get one appeal case to federal court but I believe they would not hear the case and said it was a state issue (this dates back to 1979? or so from a SCOTUS case in Oregon). Federal courts have repeatedly ruled and overruled some state court decisions in favor off allowing float through access as well as portage usage when immediate safety is needed due to a natural or man made impediment to float through. Minimal usage of private land is required but allowed in such a safety situation. A barbed wire fence is often the impediment. Have some personal court experience with such issues.

[Java]

sued Warsewa in U.S. District Court, (https://www.denverpost.com/wp-content/uploads/2018/02/1-complaint.pdf)

click that link, it's a PDF of the complaint, details of rock throwing and shooting, the landowner was prosecuted, it's nucking futs.


I guess this is like when we go on a 4x4 road through private land, stay on the road and keep moving?

Can a land owner "landscape" his property / the riverbed?

[Tom]

click that link, it's a PDF of the complaint, details of rock throwing and shooting, the landowner was prosecuted, it's nucking futs.


I guess this is like when we go on a 4x4 road through private land, stay on the road and keep moving?

Can a land owner "landscape" his property / the riverbed?
Sounds to me like the guy is saying the bank of the river is public land. He will lose on that based on history of colo law.

I lived in MT for about five years. IIRC the land of a river from high water line to high water line is public land. I thnk this guy is confused. That said attempting tom assault someone withnrocks or weapons deserves to be prosecuted.