February 13, 2002 Late last week, American Whitewater board members and Colorado residents Jay Kenney and Adam Eichberg learned of proposed changes to Colorado State laws that would allow law enforcement to control and even close whitewater rivers in the state. Following quick action on their part, the Colorado DNR asked the bill’s sponsor, Tim Fritz (R-Larimer), to strike the proposed changes and leave the law the way it is.
The purpose of the amendment (HB 02-1091) was never to maliciously ding kayakers or close rivers throughout the state; instead it was proposed by state parks representatives at CO-DNR to address their fear that they would be unable to control the scene of an accident on the river if they were not able to “close” the river to all users. Upon further consideration and consultation with American Whitewater’s representatives, the DNR decided that “closing the river” was too broad and unnecessary. The bill’s sponsor promptly agreed to strike the amendment. The law reads:
SECTION 28. 33-13-111 (1) and (3), Colorado Revised Statutes, read:
33-13-111. Authority to close waters. (1) The board shall promulgate rules and regulations to prohibit the operation of vessels on any waters of the state and ordering the removal of vessels from any waters of the state when such operation constitutes or may constitute a hazard to human life or safety. For the purposes of this subsection (1), “vessel” shall not include white water canoes and kayaks. Nothing in this section shall be construed as to exempt white water canoes and kayaks from any other provisions of this article.
(3) Any person who fails to obey an order issued under this section is guilty of a class 2 petty offense and, upon conviction, thereof, shall be punished by a fine of fifty ONE HUNDRED dollars.
American Whitewater would like to acknowledge and thank Representative Fritz and the Colorado DNR for responding so quickly to address our concerns.
American Whitewater will continue working with the State legislature and the DNR on issues affecting whitewater recreation. More information is available about AW’s actions in Colorado and donating to AW’s Colorado Access Fund, which protects your legal right to float and recreate on the state’s rivers.