Ever get harassed by landowners for floating or fishing in Colorado? NRS Films has released a new film by Rig to Flip Productions, “Common Waters,” that exposes this growing conflict over stream access in Colorado. While the state constitution declares water public, wealthy landowners restrict access, sparking tension, prompting the film to ask, is our outdoor paradise at risk?
Directed by Cody Perry and Benjamin Kraushaar of Rig to Flip Productions, the film sheds light on the escalating conflict over stream access in Colorado, where the state constitution proclaims water as public property, yet wealthy landowners restrict access, sparking ongoing tension.
The film follows the efforts of Colorado fisherman Roger Hill’s multi-year legal battle to establish public access to the Arkansas River’s bed that powerfully illustrates the contentious and uniquely restrictive nature of stream access rights in Colorado, making his efforts a pivotal example in the ongoing fight to unlock waterways for all.
This powerful film explores the fight to preserve Colorado’s outdoor heritage and the right of all residents and visitors to enjoy its rivers and streams. Told through the story of Hill, with insights shared from legislators, activists and outdoorsmen and women, Common Waters exposes the complicated truth behind Colorado steam access and dives into the murky legal battles happening in real time.
“For me, the spirit of adventure is directly linked to rivers – In Colorado we participate in a culture that is defined by our shared space in the outdoors,” says longtime river filmmaker Perry. “The places we go with friends and family. Yet, for far too long, this fundamental basis of our cultural identity has been muddied by the unresolved questions of stream access.
“This is why, two years ago, I embarked on the journey of creating Common Waters,” he adds. “The film’s genesis stemmed from a coalition of outdoor conservation and recreation groups seeking to tackle an issue rooted in Colorado’s tumultuous past, marked by legal battles over public use of waterways overlapping private land. My own awareness ignited during the 2009 Taylor River dispute, which saw a legislative ‘right to float’ ultimately fail, leaving the core question of public stream access frustratingly unanswered fifteen years on. Through Common Waters, we aim to pull this vital issue from the shadows of neglect, not merely to educate Coloradans on our ambiguous river laws, but to ignite a renewed call for decisive action from our elected officials, who are entrusted to resolve these hard issues for the public good. It’s time to ensure our rivers remain truly common, accessible for everyone who comes to Colorado, for river adventure, for generations to come.”
As outlined in the film, the Colorado Constitution (Art. XVI, § 5) declares that “The water of every natural stream… is hereby declared to be the property of the public, and the same is dedicated to the use of the people.” This language, stronger than New Mexico’s, should inherently support broad public access rights, the film claims. While Colorado courts have narrowly interpreted it, the Public Trust Doctrine, recognized federally and in many states, establishes that states hold title to the beds of navigable waterways in trust for the public. This includes rights to navigation, commerce, and fishing, and often includes the right to stand on the bed. And it points out that, according to Federal Navigability for Title, if a waterway was “navigable in fact” at the time of Colorado’s statehood (1876) according to the federal Daniel Ball test (used or susceptible of being used for commercial trade and travel), then its streambed is owned by the state and subject to public access rights under the Public Trust Doctrine. The Roger Hill case attempts to establish this for the Arkansas River, presenting historical evidence of commercial use (log drives, fur transport).
“Colorado is probably one of the worst, maybe the worst state in the country, for providing access to our streams,” adds Mark Squillace, a professor at the University of Colorado School of Law.
Watch Video Here
Want to Catch Common Waters at a Theater? Here’s the Remianing Colorado Tour Dates:
Del Norte, CO. 2/19 Ruth Marie Center 575 Columbia Avenue 7PM
Durango, CO 3/4-8 Durango Independent Film Festival 9AM-6PM
Boulder, CO March/April TBD, Boulder Theater 6-9PM
Grand Junction, CO March April TBD, Ruth Powell Hutchins Water Center
—Produced by Rig To Flip Productions | Directed by Cody Perry, Benjamin Kraushaar | With support from NRS, Colorado Stream Access Coalition, Backcountry Hunters and Anglers and Bonfire Collective.
For more information, visit the Colorado Stream Access Coalition, which advocates for recognizing navigable waterways, legislative reforms for non-navigable waters, and responsible recreation that respects private property.
#CommonWaters #StreamAccess #ColoradoRivers #KnowYourRights
