Anglers and rafters reach Taylor River agreement

“It was a long, drawn-out process”

After a lengthy battle between local rafting companies and a private landowner—a fight that even extended to the state legislature—an agreement has been signed to allow rafters on the Taylor River.

Jackson-Shaw, Three Rivers Outfitting, and Scenic River Tours announced June 14 that they have reached a four-year agreement regarding floating through Jackson-Shaw’s private fishing property on the Taylor River.
Jackson-Shaw is the owner of the Wilder on the Taylor fishing reserve. Three Rivers Outfitting and Scenic River Tours are the two commercial rafting companies that conduct float trips on the Taylor River.
“We’re very glad we finally reached an agreement,” said Scenic River Tours owner Matt Brown. “I think we’re looking at this as a very large victory for river users statewide.”
Brown said things had come a long way since last fall, when “Jackson-Shaw sent us a letter and said there would be absolutely no floating allowed through his property.”
Coming to an agreement wasn’t easy. “It was a long, drawn-out process,” said Brown. Mark Schumacher of Three Rivers could not be reached for comment.
 Mediation between the two rafting companies and Jackson-Shaw began on April 22 and included two formal mediation sessions with the Judicial Arbiter Group in Denver. The second session, held on May 26, resulted in a formal agreement between the parties, which was signed on June 14, 2010.
Don Sabrowski, ranch manager for Wilder, said, “The big thing with this agreement is both sides are on the same page. Both sides had to give a little bit for this agreement to work. The end result is everybody can live with the agreement.” It’s a four-year agreement that can be renewed or negotiated after it expires.
Sabrowski said the agreement “dictates the times of the day they can float through, the number of boats per day, and dates in which they can float.” He said boats are allowed to float through Jackson-Shaw’s fishing property May 15 to August 15. “During peak season, 10 boats total will be permitted in the morning, and 10 can float in the afternoon,” Sabrowski said. “Those would have to be shared between Scenic River Tours and Three Rivers.”
Also, according to Sabrowksi, a minimum of 200 CFS must be flowing downriver from Taylor Reservoir for the companies to float. “When it drops below that they’ll be restricted.” Sabrowski pointed out that when flows are below 200 CFS on the Taylor the conditions are not very good for
rafting.
Another component of the agreement, according to Brown, was that all three parties would pull their initiatives off the ballot at the state level, for the term of the contract.
Colorado Governor Bill Ritter’s Office issued a statement on Tuesday, June 15 lauding the parties for finding common ground.
“To reach this accord, both sides had to make difficult concessions, and I appreciate their willingness to do so,” the governor said. “Today’s agreement marks an important step toward opening a dialogue between landowners and rafters. My hope is that this dialogue will then lead to a fair and efficient dispute-resolution process for the future.
“Colorado’s rivers are essential to all Coloradans, not only for the vital drinking and agricultural water they carry, but also to our overall economy and quality of life,” continued Gov. Ritter, who is an avid fly-fisherman. “Anglers, rafters and private landowners may all have separate and unique interests, but they all share a common Colorado interest that is bound together by doing what’s best for our children and the future of our state.
“I also applaud the decision of the sponsors to withdraw their ballot initiatives,” Gov. Ritter added. “The decision of these parties to withdraw these ballot measures was courageous and puts the interests of all Coloradans above their individual interests.”
Brown said of the agreement, “I don’t believe it solves the underlying issue, but it allows us to conduct business pretty much as usual for now.”
For a longer-term solution, according to Ritter’s office, the governor will convene a task force of stakeholders to develop a proposal for resolving conflicts among landowners, anglers and the boating public. The task force will be charged with developing a framework for resolving disputes on Colorado rivers on a stretch-by-stretch basis as those disputes arise. This approach recognizes that disputes vary from place to place and that a one-size-fits-all strategy is unlikely to succeed.
The task force will be led by the Department of Natural Resources and the governor’s office, and will include landowners, commercial and recreational river users, local government officials and law enforcement, which has historically been tasked with intervening in such disputes.
A report from the task force outlining its proposal will be submitted to Governor Ritter by December 31.