BOCC opposes stream access legislative proposals – Garfield County, Colorado
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Colorado River from the South Canyon bridge

BOCC opposes renewed push for stream access legislative proposals

Proposed legislation would endanger the rights of private property owners

PRESS RELEASE
March 12, 2026

Garfield County is opposing any potential legislation that would expand stream access across private property in Colorado. Various recreation organizations and interest groups have long sought to expand stream access through private property in the state.

“The way that we have it here in Colorado is working well and has worked well,” said Garfield County Commissioner Perry Will. “The Arkansas River has had this problem with wading and at that time, Colorado Attorney General Phil Weiser said, ‘don’t dabble in these access issues because we have the rules established and we have no issues as it stands.’ I think it’s going to erode private property rights and create a lot of uncertainty for our landowners and could reduce property values.”

The Board of County Commissioners (BOCC) has submitted a letter to Colorado Speaker of the House Julie McCluskie stating that statutory expansion of stream access would threaten the rights of property owners, and have unintended impacts on agriculture and existing river recreation access.

“The current legal framework and longstanding practices governing river recreation and private property rights in Colorado have proven workable,” the letter reads.

Rivers and streams in Garfield County flow through public lands, cities and towns, working ranches, agricultural plots, and privately-owned riverfront property, connecting a mosaic of community interests.

Commissioner Will voiced concerns about liability protections for landowners if access was legislatively granted to cross their properties. He noted that landowners could likely file takings arguments if this sort of legislation was passed, and people crossing onto private property would also create law enforcement jurisdiction issues.

“In Colorado, we’ve figured out how to divide water in 1,000 different ways,” he said. “Now it seems like we’re looking to divide up the riverbed, too. If the state wants to create a public corridor across private property, it ought to buy it like it would any other right of way.”

“The current legal balance between public use of water and protection of private landownership has allowed these uses to coexist for generations,” the letter states. “We are concerned that new legislation could erode private property rights, create uncertainty for landowners, and potentially reduce property values while exposing the state to costly litigation.”

The letter, which is also being sent to State Sens. Marc Catlin and Dylan Roberts, as well as State Rep. Elizabeth Velasco, was approved unanimously, 3-0.

“Especially in Garfield County, where we have commercial river rafting, as well as so many private boaters, things are working well and we don’t need to get into the mix with this,” Will added. “The status quo is where we should stay. This will, no pun intended, muddy the waters.