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Post by greghopper on Jun 5, 2023 12:17:07 GMT -5
Thought the issue in question happened in Colorado….
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Post by jman46151 on Jun 5, 2023 16:49:01 GMT -5
Thought the issue in question happened in Colorado…. Happened in WY. But if it's appealed to the 10th Circuit Court it will have repercussions throughout Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah. Not Montana though.
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Post by greghopper on Jun 5, 2023 18:49:52 GMT -5
Thought the issue in question happened in Colorado…. Happened in WY. But if it's appealed to the 10th Circuit Court it will have repercussions throughout Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah. Not Montana though. I knew that but said Colorado for some reason….thanks Guessing the 10th Circuit Court covers the states you listed.
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Post by Ahawkeye on Jun 5, 2023 21:14:46 GMT -5
I don't think it will be appealed anymore, if the hunters win appeals then it opens up more doors for people to corner hop. I don't think rich land owners want that. I think they will stop now before it gets worse for them. I want corner crossing to be legal everywhere from public to public, We are not there yet but I think this gets yhe ball rolling. I think there will be guys that try to challenge the land owners and they will hop those corners, unfortunately I don't think they're going to like the results just yet.
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Post by jman46151 on Jun 30, 2023 9:40:37 GMT -5
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Post by Ahawkeye on Jun 30, 2023 12:05:58 GMT -5
Agreed on the high water mark. I Think this is the law should be everywhere. It is not in the west the water is owned by the state. You can float a river across private property but can not touch the river bed because this is owned by the property owner. It all gets fuzzy from state to state.
I hope this continues to be appealed and I hope Elk Mtn. continues to lose. I will also be looking for ways to donate to the legal fees of the hunters.
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Post by greghopper on Jun 30, 2023 12:56:21 GMT -5
Agreed on the high water mark. I Think this is the law should be everywhere. It is not in the west the water is owned by the state. You can float a river across private property but can not touch the river bed because this is owned by the property owner. It all gets fuzzy from state to state. I hope this continues to be appealed and I hope Elk Mtn. continues to lose. I will also be looking for ways to donate to the legal fees of the hunters. If water comes up to my back door you can’t just drive your boat to my back door just because you’re not touching the bottom. High water mark is your stopping point…. If I remember correctly! You may go look in CO forum to confirm this it been discussed here at length
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Post by duff on Jun 30, 2023 13:12:00 GMT -5
Agreed on the high water mark. I Think this is the law should be everywhere. It is not in the west the water is owned by the state. You can float a river across private property but can not touch the river bed because this is owned by the property owner. It all gets fuzzy from state to state. I hope this continues to be appealed and I hope Elk Mtn. continues to lose. I will also be looking for ways to donate to the legal fees of the hunters. If water comes up to my back door you can’t just drive your boat to my back door just because you’re not touching the bottom. High water mark is your stopping point…. If I remember correctly! You may go look in CO forum to confirm this it been discussed here at length That is correct if you are talking flood waters. If your backdoor is at or near high water mark I can boat right up to it. Mostly back doors are not an issue but decks and docks certainly come in play
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Post by Ahawkeye on Jun 30, 2023 13:16:12 GMT -5
Agreed on the high water mark. I Think this is the law should be everywhere. It is not in the west the water is owned by the state. You can float a river across private property but can not touch the river bed because this is owned by the property owner. It all gets fuzzy from state to state. I hope this continues to be appealed and I hope Elk Mtn. continues to lose. I will also be looking for ways to donate to the legal fees of the hunters. If water comes up to my back door you can’t just drive your boat to my back door just because you’re not touching the bottom. High water mark is your stopping point…. If I remember correctly! You may go look in CO forum to confirm this it been discussed here at length True but I believe a land owner can not keep you off of the river that runs through his land because the water is owned by the state, the land beneath the water is owned by the property owner, if the river changes course (rare but it happens) then there would be a change in the route someone would take. I would assume a new high water mark would be established. It does get fuzzy, I like the way our law is interpreted where you are ok as long as you are within the regular high water mark.
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Post by greghopper on Jun 30, 2023 13:29:00 GMT -5
If water comes up to my back door you can’t just drive your boat to my back door just because you’re not touching the bottom. High water mark is your stopping point…. If I remember correctly! You may go look in CO forum to confirm this it been discussed here at length True but I believe a land owner can not keep you off of the river that runs through his land because the water is owned by the state, the land beneath the water is owned by the property owner, if the river changes course (rare but it happens) then there would be a change in the route someone would take. I would assume a new high water mark would be established. It does get fuzzy, I like the way our law is interpreted where you are ok as long as you are within the regular high water mark. You got to stop at high water mark where ever it is …. I say duck hunting got this law in place…. Maybe not.
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Post by Ahawkeye on Jun 30, 2023 20:22:15 GMT -5
Also the other crazy part about rivers out west is you can float over private land boundaries but once you are there you can not anchor or wade even if you are within the normal high water mark. Thst seems very odd to me.
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Post by SFC (R) B on Jul 1, 2023 10:29:00 GMT -5
Here in CO the excuse is that they charge tax on the river bed, defining it as "owned" by the surrounding land owner. Also, if the river is not defined as "navigable" it can be gated off as well. Large ranch/landowners out here suck for the most part. Greed is RAMPANT.
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Post by Ahawkeye on Jul 1, 2023 11:14:34 GMT -5
Totally agree SFC(R)B.
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