Indiana Law Journal Volume 89 Issue 1 Article 14 Winter 2014 Takings and the Right to Fish and Float in Colorado Aaron Pettis Indiana University Maurer School of Law,
[email protected] Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Property Law and Real Estate Commons, and the Water Law Commons Recommended Citation Pettis, Aaron (2014) "Takings and the Right to Fish and Float in Colorado," Indiana Law Journal: Vol. 89 : Iss. 1 , Article 14. Available at: https://www.repository.law.indiana.edu/ilj/vol89/iss1/14 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. Takings and the Right to Fish and Float in Colorado * AARON PETTIS INTRODUCTION Colorado is the only state in the Intermountain West that does not have a clearly defined and protected right for the public to float on streams that pass through private land.1 While other states’ laws are either clearly codified or explicitly determined by case law,2 the law governing the right to float in Colorado is comprised of a number of scattered and unclear precedents. The crux of the problem is reconciling the Colorado Supreme Court’s holding in People v. Emmert3 with the state’s criminal trespass statute. In Emmert, the court held that “the public has no right to the use of waters overlying private lands for recreational purposes without the consent of the owner.”4 At the same time, Colorado’s criminal trespass statute applies only to “real property, buildings, and .