March 22, 2010(Key vote)
Title: Navigation Rights for River Outfitters
Vote Smart's Synopsis:
Vote to pass a bill that authorizes a study to clarify laws concerning navigation of boaters through private property.
-Authorizes the Colorado Water Congress to conduct a study regarding the legal, economic, environmental, and law enforcement issues related to boating through private property, funded solely through private grants and donations (Sec. 1).
-Requires the Colorado Water Congress to complete the study by October 31, 2010 and submit a report with recommended legislative changes to the General Assembly by November 30, 2010 (Sec. 1).
Vote to pass a bill that clarifies Colorado's navigation laws.
-Authorizes river guides, without committing criminal trespass, to gain access to waterways from public land or private land with consent under the following conditions (Sec. 2):
-The vessel passes over or through private property;
-The river guide makes no more than incidental contact with the bed or banks of the waterway; and
-The river guide makes contact with the bed or banks only in order to avoid a hazard.
-Specifies that a landowner's liability to a river guide who passes through private property is limited to damages deliberately caused by the landowner unless the river guide is invitee or licensee of the landowner (Sec. 2).
-Specifies that a river guide who passes through private property while on a regulated trip is liable for all damages caused (Sec. 2).
-Requires licensed river outfitters to provide adequate equipment in a serviceable condition as required by the Board of Parks and Outdoor Recreation, and that every vessel be clearly marked with the river guide's name and license number (Sec. 3).