Steamboat Springs – The Routt County commissioners waded into Colorado’s roiling river-access issue on Tuesday and decided the waters were simply too murky.
Commissioners, after hearing almost two hours of public comment, decided that taking a stand on the issue of civil trespass was beyond their duty and chose to uphold the county planning commission’s recent renewal of a permit for Bucking Rainbow Outfitters to float up to 20 rafts per day on the Elk River.
“We have heard varying and conflicting reports and opinions today. There is enough conflict and confusion around this issue,” said commissioner Nancy Stahoviak. “This is an issue that needs to be decided by the courts.”
A band of nine landowners, called the Seedhouse Road Coalition, had appealed the planning commission’s decision, arguing that Bucking Rainbow guides were committing civil trespass when they floated past their properties. Civil trespass is trespassing pursued in civil court, rather than through the criminal process.
The issue pits floaters against many landowners in Colorado and is mired in conflicting state and federal laws and legal opinions.
“How much more is Routt County going to allow recreation to expand while it comes into conflict with private property owners?” said coalition attorney Sandy Horner.
The owners of Bucking Rainbow, brothers Jarett and John Duty, told the commissioners the Elk River makes up a significant portion of their business because it allows Steamboat visitors to remain in the valley, as opposed to shuttling them several hours to rivers along the Interstate 70 corridor. They also told the board they do not stop rafts on the river and never allow guests to trespass on private property.
Dozens of sunburned supporters in flip-flops, including competing raft operators, told the commissioners about Bucking Rainbow’s untarnished reputation as safe and clean rafters.
“We want to keep the person who is ultimately charged to be the most honest and respectable people on the river, on the river,” said local paddler Channing Reynolds, who fears the Seedhouse coalition may push the legally vague issue of civil trespass on Colorado’s waterways into court. “We are yanking on a thread that could unravel river tourism in this state.”
The board’s renewal of the permit included the condition that it did not permit any form of trespass, leaving the door open for the coalition to pursue the issue in court or in the state legislature.
The coalition has not decided whether it will pursue the issue further, but the group’s spokesman, Andy Wirth, said he hoped to work with the raft company to come up with a compromise.
Staff writer Jason Blevins can be reached at 303-820-1374 or jblevins@denverpost.com.
