“Colorado’s magnificent rivers and streams are a public trust to be enjoyed by all. Our message to state officials: let our people float and fish.” - Colorado Chapter Co-Chair, Don Holmstrom

Colorado’s rivers and streams are at the heart of its wild, public lands. Whether you’re casting a line for trout, floating down a river in a drift boat, or simply enjoying the solitude of the backcountry, water access is fundamental to the outdoor experience. Yet, Colorado remains one of the most restrictive states when it comes to public stream access, leaving hunters, anglers, boaters, and float fishermen without clear rights to use these waters. At the center of the fight to reclaim these public rights is the ongoing battle over stream access laws, led by individuals like Roger Hill and supported by organizations like Backcountry Hunters & Anglers.

Colorado’s Stream Access Problem

Colorado’s stream access laws are often labeled as the worst in the West, and for good reason. Unlike most Western states, Colorado does not fully recognize the public’s right to use rivers and streams that were navigable at the time of statehood. In fact, the Colorado Supreme Court’s ruling in People v. Emmert explicitly denies the public’s right to use waters overlying private lands without the landowner’s consent. This extreme position makes Colorado an outlier among Western states, where public access to waterways is typically protected.

Hunters, anglers, boaters, and float fishermen have long understood the value of access to navigable waters. Whether retrieving game, casting a line, or floating down a river, public access is essential for maintaining our outdoor traditions. Yet in Colorado, restrictive laws continue to block access to some of the state’s most treasured rivers, leaving outdoor enthusiasts uncertain and, in many cases, threatened by private landowners.

The Legal Issues

In August 2024, 83-year-old Roger Hill returned to the Arkansas River—a place where he had been assaulted by a landowner and threatened with arrest in the past. This time, Hill returned with legal backing and a team of supporters, including Colorado Chapter Co-Chair Don Holmstrom and a film crew. Hill was determined to exercise his right to fish from the riverbed, which should be public under the “navigability for title” doctrine. This doctrine, recognized by the U.S. Supreme Court, holds that the beds of navigable rivers belong to the state in trust for public use, including fishing, navigation, and commerce.

Despite the threats from landowners, Hill fished from the riverbed without incident, demonstrating that the public can and should exercise their right to access navigable waters. However, the fight is far from over. The Colorado Supreme Court has denied Hill’s opportunity to secure a broader legal victory that would affirm public rights on the Arkansas and other rivers in the state, leaving Coloradans to risk confrontation or give up their rights entirely.

The legal argument supporting Hill’s case is well-grounded in both state and federal law. Under the U.S. Supreme Court’s decision in The Daniel Ball, the public has the right to use rivers that were navigable at the time of statehood, provided those rivers were used or could be used for commerce. Hill has in fact commissioned a detailed report by a PhD historian, which documented the commercial use of the Arkansas River at the time of Colorado’s statehood in 1876. This report demonstrated that the river was, indeed, navigable and should be open to public access.

Colorado holds title to the beds of all waterbodies that were navigable at statehood. Yet, without clear guidance or a process for determining which rivers qualify, Coloradans are left in a legal gray area. BHA, supported by coalition members and Hill’s lawyers, continue to push the state to establish a fair and transparent process for determining navigability. But until then, outdoor enthusiasts face uncertainty when exercising their rights.

BHA’s Efforts

Backcountry Hunters & Anglers is working hard to resolve these issues. In October 2023, Colorado BHA and its partners, including American Whitewater, sent a letter to Governor Jared Polis, urging him to take action on stream access. The coalition later met with members of the Governor’s administration, including the Department of Natural Resources, and while the meeting was productive, concrete steps have yet to be taken by the state.

Despite the slow progress, we remain committed to advancing stream access rights. Relationships with state decision-makers continue to be positive, and many in the Governor’s office have expressed personal support for expanding public access. This ongoing advocacy has built a strong coalition of outdoor enthusiasts ready to fight for change.

Unclear stream access laws have left boaters, float fishermen, and anglers in legal limbo, creating unsafe conditions. Barriers like barbed wire have been set up on rivers such as the Lake Fork of the Gunnison, and on the Taylor River, civil trespass lawsuits have been brought against anglers. These conflicts are not only unfair but dangerous.

Additionally, expanding stream access has significant economic benefits. States like Montana have seen their outdoor economies strengthened by providing broad access to rivers and streams. In Colorado, greater access would support local businesses and outdoor tourism while opening up opportunities for underserved communities to explore the state’s natural beauty.

How You Can Help

BHA’s work doesn’t stop here, we’re continuing to push for a solution. Advocacy efforts through social media, local outreach, and collaboration with other outdoor groups will help build the momentum needed to ensure public access for future generations.

The fight for stream access is a fight for Colorado’s heritage. Hunters, anglers, boaters, and all outdoor enthusiasts stand to gain from clearer, fairer laws. With your support, we can secure these rights and ensure Colorado’s rivers and streams remain open for everyone to enjoy.

Sign the Public Waters Access Pledge 

For more information on this issue, check out these recent articles:

• Denver Post: Colorado River Access and Private Land
• Denver Post: Fisherman’s Fight for River Access
• Stream Access Case in Colorado Will Move Forward
• Colorado Supreme Court Rules Against Public Water Access

Backcountry Hunters & Anglers seeks to ensure North America's outdoor heritage of hunting and fishing in a natural setting, through education and work on behalf of wild public lands, waters, and wildlife.