Colorado has unique protections for river recreation, but do they have enough legal muscle?
If you have ever questioned how seriously Colorado takes its water, let attorney Glenn Porzak tell you about the time he went to the Colorado Supreme Court in 2001. … Porzak, now a veteran in the Colorado water law scene, was there to push back on the state’s attempt to outlaw recreational water rights. … The Colorado Water Conservation Board (CWCB) was worried that adding recreation into the already contentious arena of water ownership would upset the status quo. … Porzak’s side won, enabling a boom of those so-called whitewater parks. If a Colorado city wants to bring kayakers and their money to town, they can throw some big rocks in the river and apply for a recreational in-channel diversion, or RICD. … These legal rights are limited in their capacity. They cannot add water to the river. They can tell other users to stop taking water out of the river. An RICD does not necessarily improve river conditions for recreational water users, but it makes sure they don’t get worse in the future.