By Tom Krol

True or False: Trout Unlimited supports expanded public access to angling waters.

The answer is:  true.  Trout Unlimited supports increased public fishing access, where possible, because angling is what has drawn most of us to TU.

But the focus of Trout Unlimited is, first and foremost, resource protection. It’s in our mission statement: To preserve, protect and restore North America’s coldwater fisheries and their watersheds.  That’s why Colorado Trout Unlimited will not take a position for or against a floating access bill now before the state Legislature.

Colorado legislators are considering legislation (HB 1188) that would specify the rights of commercial river rafters to float across a landowner’s property, and in some cases to set foot on it to avoid river hazards. This bill is in reaction to an effort by a landowner/developer to bar boaters from floating down the Taylor River through a planned development that would offer residents an “exclusive” river experience.  Commercial outfitters have been using the reach for years and view the legislation as needed to protect their businesses. Landowners view the bill as an attack on their property rights.

It’s a complex and emotional issue.

Some background on the “right to float” in Colorado: One common interpretation of Colorado law - based on a past written opinion by a state Attorney General - is that the landowner owns the banks and bed of the stream, but the water belongs to “the people.” According to this view, it’s OK to float and fish over private property even if the owner made stream improvements or stocked the water with big fish.

But there is a BUT. Another interpretation, not without legal substance, is that such floating is civil trespass and landowners can prevent free passage across their property.

While the first example, with some notable exceptions, seems to be the “accepted practice”, this issue has never been adjudicated in Colorado. Montana’s “high water mark,” or Utah’s recent Supreme Court decision in support of recreation just aren’t relevant to Colorado.

The lines between property and public access aren’t always clear. That’s why TU established a national Stream Access Working Group - to provide guidance to chapters and councils and to make sure everyone is on the same page

TU’s national policy on access calls for its chapters and councils to “promote programs for expanding voluntary access to private lands for fishing.”

But that policy also states that TU avoids involvement in disputes over the existing property rights of landowners or legislative initiatives that might “re-define” riparian property rights.

On access issues, the key for TU is “willing landowner.” If a property owner agrees to work with any of various agencies, including TU chapters or councils, to sell, lease or otherwise provide public fishing access where it didn’t previously exist, we’re for it.

TU policy is determined by both a board of trustees and a leadership council made up of representatives elected by state councils from across the country. . On rare occasions, a chapter or council needs formal approval to adopt a public position on a specific issue.

Even if you disagree with the outcome of a policy debate, you can trust that your point of view was represented during the discussion.

The fact is, our membership covers the entire political/economic spectrum. It includes wealthy landowners, fly shop owners, outfitters and others whose financial contributions have helped TU grow into one of the most respected, effective and professional conservation organizations in the country. It also includes 130,000 grassroots members, many of whom are dedicated volunteers whose contributions of their own time and money, in some cases over a lifetime, give TU on-the-ground credibility that few non-profits can boast. 

This diverse group that is TU shares a common dedication to resource protection – but when it  comes to disputes of public access and private property rights, common ground is hard to find.  Why would we risk what we’ve achieved together for conservation because of something that’s really not in our mission? Fish and streams are “the ball” and we need to keep our eye on it.

Legislation or litigation may change the Colorado stream access status quo in the near-term or long-term future.  TU won’t be taking sides in the debate – not because it isn’t important, but because we need to remain an organization that can unify the diverse individuals who care for streams.  From that common ground, we can ensure the protection and restoration of rivers for future generations.

So, are we telling you, as a TU member, not to get involved in the Colorado access legislation, or other issues that TU leaders have determined aren’t in line with our mission? Absolutely not.  If it’s important to you, get involved, but please don’t use the TU name when you do. The appropriate groups to coordinate with might be the Colorado River Outfitters Association, which supports the measure (find out more about their efforts at https://croa.org),  or the Creekside Coalition, which opposes it (find out more by contacting their director,  Jim Idema, at creekcoal@comcast.net).

Tom Krol has served as Colorado’s elected representative to the TU National Leadership Council and as a past member of the TU Stream Access Working Group