HB 1188 Passes on to Full Senate

After more than 7 hours of public testimony and debate, the Senate Judiciary Committee voted to send the controversial Right to Trespass bill, HB 1188, to the Senate Floor on a party line vote.  Amendment language was added to the bill that broadened the language to include all boaters, not just commercial outfitters.  The amendment also expanded the bill to affect more waterways – those that have been commercially ran at least once between the years 2000-2009.

Controversial language regarding portaging was removed from the bill but boaters will now be able to get away with incidental touch in order to continue to have forward progress on the river.  The right-to-float was also codified in the bill with the new amendment language.

The bill was passed 4-3 with Senators Renfroe, King and Lundberg voting in opposition.  Colorado Farm Bureau continues to OPPOSE HB 1188 as amended.

The room was packed with farmers and ranchers from all over Colorado who showed up to show their support for private property rights.  Testimony that was given by CFB members was extremely helpful in highlighting the problems with the proposal.

The bill will now move to the Senate floor for further debate.  Please watch the Pulse for more updates.

CFB would like to thank all the members who made the trip to Denver on such short notice. Without your help, the bill would have likely passed by a much greater margin.

Thank you to all who have sent in letters or made phone calls to your Senators.  Although the bill made it through tonight, your efforts have paid off and will continue to help us as we move the fight to the next level.

(Image: James the photographer)

4 responses to this post.

  1. […] coverage from The Pulse- of Colorado Farm Bureau (Garin Vorthmann): Amendment language was added to the bill […]


  2. Posted by mike whittington on March 17, 2010 at 10:47 pm

    Wish you would get the facts straight. There’s always a few who want to take constitutional rights away from the public. The waterways belong to the public, no two ways about it.


    • Posted by Shawn Martini on March 18, 2010 at 4:51 pm

      Fatcs are perfectly straight around here Mike. the fact is, if you were correct in you assertion that the right to float is clear and defined, we would not need this legislation.

      The fact is, there is no right to float in Colorado. The debate is over whether there should be or not. We simply disagree on that point, but there are no incorrect facts in this post.

      Moreover, no one is advocating for taking away the privilege to float. Rafters currently enjoy the ability to float in Colorado and have no reason other than alarmism to assert that it is being taken away.


  3. Posted by dkhink on July 18, 2010 at 12:46 am

    Allowing boaters to cross private property by floating is no different than allowing others to cross by walking, skiing, or snowmobiling on a layer of snow (the very same water) or using a hovercraft to cross on a few inches of air cushion. Allowing any/all of these transgressions would be a taking of the landowner’s use, enjoyment, and historic private property rights in Colorado, and would generate endless, and justified “uncompensated taking” claims. This is not the law in all states, but is very much historic fact in Colorado.


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