[Paddlewise] [Fwd: Re: More info on federal ruling regarding US navigable waters]

From: Jackie Myers <jackie_at_muddypuppies.com>
Date: Thu, 21 Sep 2006 12:26:25 -0700
Mark Zen, longtime PaddleWise member and contributer asked that I pass 
this along to PaddleWise and I'm happy to to do so.  Mark will be 
undergoing major back surgery and doesn't have regular access to his 
email.  We all wish you well Mark!

 From Mark Zen:

to PaddleWise:

-Unfortunately, this is already happening in Colorado to whitewater 
rafters and other boaters. We have a very archaic systems. My 
understanding, very basic, is that how the water laws were at the time a 
state joined the Union, froze how the water rights and trespass laws 
apply. So here, we joined in 1876, so all water laws are based on the 
laws at the time. Because of the wording, theoretically, only a small 
section of the Colorado River as it leaves the state is deemed 'navigable.'

It is in the courts, and has been for quite a while. Recreational 
boaters cannot touch the land beneath the water, the land owner owns to 
the the middle of the main water channel. all of the land under the 
river. Hit a rock, go to jail. this drags on & on, but it has been like 
this [locked in various court settings]. Cattle ranchers need to keep 
their livestock contained, and therefore put fences across the rivers.

Marek does much more paddling than I right now, so he can probably give 
a more up-to-date interpretation.

mark z

Jackie Myers wrote:
> Wow.... I can't believe there hasn't been more reaction on PaddleWise 
> about this judge's ruling.  The arrests for boaters "trespassing" have 
> already been happening.  
> 

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Received on Sat Sep 23 2006 - 06:54:31 PDT

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