ACCESS!

Part of the problem is that recreationists, law enforcement officials, land and river managers, and landowners have entirely different expectations about appropriate activities and levels of use. Another part of the access problem is that these individuals also have misunderstandings about the law and their rights, duties, and protections. The bottom line is that most serious access issues are the result of rooted dogmatic differences, which can only be reconciled by the passage of time, education, through careful negotiations and discussions, money and acquisition, or the legal system. The most effective means of addressing these issues is to face them proactively and work on easing tensions before they flare into conflicts.

American Whitewater's Access Director Jason Robertson is the only person in the world working full time on river access issues. Robertson is the recognized expert in this field and is writing "Access America: A citizen's guide for obtaining and preserving recreational access in America (sched. for pub. in 2003)" to address the subject. The lessons and solutions learned from river access for canoers, kayakers, and fishermen also translate effectively into resolving terrestrial access for hikers, mountain bikers, hunters, climbers, and skiers. Lessons also apply equally well to rural and urban communities. Robertson brings his unique expertise to these issues and is a regular consultant for private, state, and federal audiences on a diverse array of access related topics including:

Fees - Permits - Allocation - Private & public land conflicts - User conflicts - Parking, trailheads, & access points - Acquisitions - Easements - Recreation area development - Low impact recreation - Navigability - Recreational use statutes - Liability - Waivers - Legislation - Regulation - Trespass - Enforcement - NEPA & planning - Education - Signage - Adverse possession - Creative solutions

Why is Access Important?

October 2000, Cincinnati Creek, NY: A landowner strung barbed wire across the river and built a very low footbridge that makes the river impassable at higher levels; both are dangerous obstacles that are hard to avoid. March 2000, South Platte River, CO: A landowner sued Douglas County in an action seeking quiet title to the streams beds and banks of the river as it runs through his property in order to fence that section of the river off against boaters and fishermen.
	July 2000, South Platte River, CO: Two boaters had a confrontation with a caretaker at Sportsmen's Paradise on the South Platte, over trespass due to a portage as the result of a bar screen attached to a bridge. The primary purpose of the bar screen appears to be preventing passage rather than collecting debris as the owners claim. The owners also have a diversion dam and barbed wire fence further upstream. March 2001, Santa Ynez River, CA: As a boater was pulling on his spray skirt at the Highway 154 bridge access an unfriendly and out-of-uniform Sheriff's Department helicopter pilot pulled up in an unmarked truck and told the boater he was forbidden from launching on the river. A uniformed officer was called. The police finally admitted that they did not have authority to stop the boater. However later, while on the river, a police helicopter buzzed the boater.
March 2001, Santa Ynez River, CA: A rancher who owns the land adjacent to the Highway 154 bridge is zealous about keeping people off the river. She has illegally fenced over the access and posted "no trespassing" signs across the CalTrans public easement at the bridge. April 1999, Stanislaus River, CA: The put-in for Goodwin Canyon is closed to non-commercial use. Private boaters are forced to find parking at a distance and crawl over a barbed wire fence with their boats, meanwhile the outfitters are given preferential access directly to the river via locked gates.
March 2000, Mokelumne, CA: Four kayakers were navigating rapids on the Mokelumne River to the Middle Bar of the Mokelumne when they were issued illegal citations for trespassing. The East Bay Municipal Utility District's watchful rangers had summoned deputies from Amador and Calaveras counties. Katherine Evatt, president of the Foothill Conservancy, summarized "It's like a colonial power issue." June 2000, Taylor River, CO: Eight boaters were floating down the Taylor River and passed under a "Private Property" sign. A man on the shore waved a gun at the group and reportedly pointed the gun directly at one, worked the action, and made other threatening actions. The boaters exited the river. One of the boaters was a district attorney, and interpreted these actions as 3rd degree assault with a deadly weapon, which would be prosecutable, even if the boaters had been trespassing. The man with the gun, who turned out to be the landowner, called the sheriff. When the police arrived, the landowner thought the boaters would get arrested for trespassing; instead, the cop told the boaters that it was obvious that being forced on the owner's land at gunpoint was not their fault. After ascertaining that the landowner had clearly threatened someone with the gun in front of witnesses, he called for backup, arrested him, handcuffed him, and took him away.

How does "access" fit into American Whitewater's Mission?

American Whitewater is dedicated to conserving and restoring America's whitewater rivers and enhancing opportunities to enjoy them safely. Access is of particular importance to our mission because people must be able to access the country's rivers in order to enjoy them.

What does American Whitewater's Access Program do?

American Whitewater's Access Program is unique, in fact our Access Director is the only person working full-time on preserving river access in America. The Access Director is responsible for locating and securing river access locations through land acquisitions and negotiation; tracking and influencing legislation and policies that affect river access; organizing grassroots support and volunteers for everything from legal defense to trail construction; drafting legislation; lobbying; guiding and developing national policies; developing legal strategies; drafting policy positions; and advocating for stronger rights of passage on rivers that flow through private lands (the "navigability" issue).