“Seems like a no-brainer…”
The town of Crested Butte agreed to send a letter to Colorado state senators explaining its support of state representative Kathleen Curry’s Commercial Rafting Viability Act legislation. The Town Council decided to send a strong letter of support for the specific legislation, as opposed to a general letter showing support for commercial rafting.
Commercial raft outfitters in the area asked the council to write a letter of support. Earlier this month the council heard from rafters who want the ability to float through private property. They also listened to attorneys for private property owners who said the legislation would constitute a “takings” and would open up a huge legal can of worms.
The legislation was introduced by State Representative Curry of Gunnison to address commercial operations that have run a stretch of river for a long period of time. The specific case that motivated the legislation involves the former Wapiti Ranch, a spread up the Taylor River canyon. The new owners of the land plan to develop a posh fishing resort and call it the Wilder on the Taylor. They informed local rafting companies they could no longer float a stretch of the Taylor through the property. Three Rivers Resort and Scenic River Tours have utilized that stretch of river for more than two decades.
The legislation protecting commercial rafters from civil trespassing charges passed through the House February 16 and is currently in the State Senate.
At the February 16 Town Council meeting, Crested Butte’s Steve Glazer spoke on behalf of the High Country Citizens’ Alliance, the Sierra Club and himself. “Support in principle is not enough,” he told the council members. “Remember who your constituents are: the citizens of Crested Butte. Many are boaters. Many have family and friends visit who love Taylor River raft trips. A strong letter supports your constituents.”
Teocalli Tamale owner Davin Sjoberg agreed. “It seems like a no-brainer. I agree with what Steve said. Since the Earth was created, water has run from the tops of mountains to the seas and anyone should be free to use those public waters,” he said. “I think it’s absurd to not write a letter with 100 percent support for the bill.”
Jason White of C.B. Anglers seconded that thought. “I am in total support of this bill and it should be sent to every state senator,” he said.
Councilperson Jim Schmidt said he thought full support of the bill was appropriate.
Councilperson Dan Escalante agreed. “I think in here we can get too caught up in the detailed legal issues of issues,” he said. “But out on the streets, people simply want us to support this. I like the tone of the letter sent by the city of Gunnison supporting rafting, but I think we should specifically support the bill.”
“This issue is about safety as well as the economy,” added Councilperson Roland Mason. “I personally think the bill should include private boaters as well, but that will have to be down the road.”
Mayor Leah Williams insisted upon the inclusion in the letter of some legal points concerning private property rights and safety. She said she would work with Town Attorney John Belkin to craft a letter reflecting the desires of the council and send it to the state senators.