Scott Weiser wrote:

A Usenet persona calling itself Frederick Burroughs wrote:


Scott Weiser wrote:


I simply maintain that Boulder Creek, through my property, is not a
"navigable waterway" and that as such, the public has no right to float
through my property. The Colorado Supreme Court has stated unequivocally
that the public has no right of recreational access upon non-navigable
rivers and streams in Colorado. That's the law. I choose to exercise my
rights under that law to exclude boaters from the creek, which is my private
property, just as you might choose to exclude me from your backyard barbecue
because your back yard is private property.


Would you be willing to allow scenic, recreational use of the section
of Boulder Creek flowing through your property in exchange for the tax
advantages and ecological good-sense of maintaining a conservation
easement?


I already have a conservation easement with the City of Boulder, which in
part precludes such use, and the answer is "no."

The reasons for not allowing access are several, not that I have to justify
my decision at all.

Chief among them is that the area through which the creek flows is a
wildlife preserve and is a state designated Natural Area, and human
intrusion disturbs the wildlife.

Most importantly, there is an active bald eagle nest within 50 yards of the
creek, and any human intrusion may cause a "take" of bald eagles under 16
USC 668, which is a felony with a one year jail sentence and a $5000 fine.

16 USC 668c says that "take" includes "molest or disturb." I have recently
been told that "disturb" includes any activity that causes the eagles to
flush from the nest. This means, for example, that right now even I cannot
go within 250 yards of the nesting tree even to fix my fences, fight a grass
fire or tend to a sick cow. If I can't even enjoy my own property because
the eagles have chosen to nest there, why should a bunch of trespassing
kayakers get to?

And then there's the New Zealand mudsnail, which has recently been
discovered on Boulder Creek just upstream a mile or two of my property, and
which may be in the creek on my property as well. The state is facing a
genuine ecological disaster if the snails get transported to other
waterways, and I'm part of an ad hoc working group with the state division
of wildlife seeking ways to stem the infestation. One of the primary
vectors for transmission is watercraft, including kayaks and innertubes, and
I've proposed that the state should enact legislation to empower the board
of parks and outdoor recreation to ban the use of watercraft on Boulder
Creek between 55th and 95th streets, just as they have banned fishing in
that reach to control one of the other important vectors: fishermen.

And, of course, I simply don't want people trespassing through my property.
It's mine, and I have a right to keep people out. If I want to sunbathe nude
beside the babbling brook, I should be able to do so without having to worry
about a bunch of boaters interrupting my ruminations and my tan. I have
spent my whole adult life protecting and preserving the property and the
wildlife and I don¹t intend to sacrifice that work for the mere selfish
pleasure of some kayakers.

In fact, the only reason anyone wants to boat through is BECAUSE my late
mother and I spent our lives protecting the area and creating a beautiful
natural area. When we bought the place, it was barren, overgrazed ground
with no trees along the creek that was quite unattractive. We changed all
that with a lifetime of work, and I don¹t see why I should be compelled to
share it with johnny-come-lately's who have neither put their labor nor
their money into protecting the property.

There are plenty of places in Colorado where people can kayak perfectly
legally, over public lands, and even over private lands with permission. My
ranch is not included in that list. Sorry, but that's just the way it is.

But thanks for asking so politely, it's pretty unusual.


I'll assume you pay substantially less property tax on land designated
"wildlife preserve?" Bald Eagles are indeed among nature's most
majestic birds. I see them often, almost every time I canoe on the
North Fork of the Shenandoah River. I was surprised how resilient and
accommodating they are to human intrusiveness. I've seen them very
near busy public highways and residential development, not to mention
the intensive recreational use by humans (fishing, boating, swimming)
of the river where they live. The first I ever saw Bald Eagles was at
Great Falls National Park (Virginia side) on the Potomac River. They
were just upriver from the falls. This area is also a wildlife
sanctuary, but also an area of intense recreational use. I understand
the reluctance to sunbathe nude while fleets of paddlers float by.
Wouldn't want to get a reputation as the crazy, naked guy who shouts
and throws rocks at canoeists.



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