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Tuesday, April 7, 2026

BY MEGAN SCHRADER
MSCHRADER@DENVERPOST.COM / @MEGANSCHRADER

Colorado's most well-respected conservative think tank abruptly abandoned Coloradans with the release of a report this week that sided unequivocally with wealthy landowners illegally prohibiting access to publicly owned rivers.

The report from the Common Sense Institute was an astounding betrayal of decades of common sense and case law that clearly indicate rivers in this state are a public good owned by the state as a whole and not the people who own land surrounding them. The entire premise of the research is laughable. Everyone who purchased property with a river flowing through it knew that the river was a public asset. No one, even those who spent $4.7 million for a mile of river frontage on the Elk River, thought they were "buying the river." They may have been betting that special interests would prevent lawmakers from ensuring public access to that river, but they certainly knew they would never own a mile of the Elk River.

"In Colorado, the waters of the state belong to the people of the state, but the land under the streams belongs to the adjacent landowners," the report states in its opening paragraphs, clearly indicating that the authors of the report have no interest in defending Coloradans' right to use the riverbeds in this state.

I interpret the law and judicial rulings entirely differently — people can own the river banks, but all Coloradans own the rivers. Other states have had no problem passing laws guaranteeing access to rivers for the public. But for decades, wealthy landowners have corrupted the system and illegally blocked Coloradans from accessing our rivers. Now The Common Sense Institute is taking the side of private interests against the best interests of the state. Colorado lawmakers could pass similar laws to those in coastal states that ensure public access to beaches.

Ironically, the report justifies this position by talking about how access to streams would reduce the value of land around the streams. But it wholly fails to recognize the huge role outdoor recreation plays in our economy. If rivers in contest were to be reopened to the public, rafting and fishing guides would flourish, tourists would come to enjoy the waters, and most importantly, the kids in this state would grow up being able to access some of Colorado's most amazing public places — our rivers.

Colorado lawmakers should listen to the people of Colorado and not a handful of wealthy landowners who want to protect only their private interests. If a river is large enough to be used for economic purposes, then it must remain open to the public, and the state should pass clear laws dictating how Coloradans can safely and respectfully access rivers when they cross private lands. These laws are necessary, and lawmakers can follow Montana's simple and straightforward regulations as a guide.


Joe Heller, hellertoons.com

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