# County Sheriff vs. Raft Co's on CBS 4



## WhiteLightning (Apr 21, 2004)

cbs4denver.com - Sheriff Debates Closing Eagle River To Rafting

I saw Daliah's (sorry for butchering the spelling) boat on TV! Sweet! Nice shot there Liquidchaos too, lookin good.


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## david23 (Oct 24, 2003)

I heard that the Pitkin County sheriff contemplated closing the rivers to private parties but never did. People have the protected right to do stupid things. I believe they call this natural selection.


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## Dahlia (May 21, 2008)

No Worries! 

My boat has become the poster child for 2008 rafting accidents! The stories attached to it are only partly true!

The news story tonight said that it one of the flipped boats yesterday and then got hung up.

The Denver Post said it was still on the shit pole!

My boat sure gets around! What a slut! lol

I think the news tonight said the Sheriff did close the Eagle. Is this true? How does that work?


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## david23 (Oct 24, 2003)

david23 said:


> I heard that the Pitkin County sheriff contemplated closing the rivers to private parties but never did. People have the protected right to do stupid things. I believe they call this natural selection.



This was in 1995, by the way.


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## ryguy (Jan 19, 2005)

david23 said:


> One woman floated five miles before she could be rescued..


Did yakgirl make the news??


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## Dahlia (May 21, 2008)

Naw, she didn't swim far enough! Besides, she was with Griff and he most likely used his turkey leg and charm to keep her out of the news!


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## mania (Oct 21, 2003)

okay this is ridiculous. I'll drive all the way up there with my raft if he thinks he can close the river go on and arrest me and we'll see about personal liberty. some people!


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## yetigonecrazy (May 23, 2005)

if they close it off, two words: mass float

I could very easily see and agree with them closing it to commercial trips. Commercial passengers aren't what they used to be, and cancelling a few of them isnt too shabby of an idea. 

However, closing it to private parties, who, in most cases, know what they are doing and have an appropriate knowledge and understanding of flood waters, is unacceptable!


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## Cheyenne (Oct 14, 2003)

Under what authority?

There is a Colorado State statue that limits when an agency can close a river to kayaks and multi-chamber rafts.



> Colorado Statutes : TITLE 33 WILDLIFE AND PARKS AND OUTDOOR RECREATION : PARKS AND OUTDOOR RECREATION : ARTICLE 13 VESSELS : 33-13-111. Authority to close waters.
> 
> 33-13-111. Authority to close waters.
> Statute text
> ...


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## mania (Oct 21, 2003)

RAFTING IS NOT A CRIME!


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## cebel (Oct 10, 2003)

Thanks for posting the relevant statute. What is ironic about this situation is that the law cited was the result of a high water closure of the Eagle River in the late 70's. Local kayak legend Steve Boyd fired up Dowd Chute in a 13 foot glass boat at 7 feet plus on the guage. He was promptly arrested, charged and convicted. He appealed his case to to the Colorado Supreme Court and won, thereby establishing kayakers and canoeists right to paddle Colorado rivers at any levels they see fit. 

I have no idea whether the statute applies to rafts or not, but every kayaker in the state owes Steve a debt of gratitude. FYI Steve is still paddling the Eagle on a daily basis. 72 year old badass!

Charlie


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## ENDOMADNESS (Jun 21, 2005)

Steve Boyd- is he the guy that drives the old Scout (red or orange)with no top on it around town? That guy gets after it.


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## WhiteLightning (Apr 21, 2004)

The raft companys would argue that they are more experienced and capable than the private boaters, but the custies are more fragile, so it probably cancels out. I think most raft companies have their own internal policies about when to stop running certain sections, or when to restrict who is allowed to participate (or guide for that matter). It is up to the raft companies to make these decisions themselves and educate participants (and not run stuff if they are going to flip every single boat). Same goes for private boaters.

The problem with closing stuff is what makes something the "right" level to close it? If the chute at over 6ft is too dangerous to run, then would that make Gore Canyon illegal to run at all? The chute at 3ft is too dangerous for me in my kayak because I suck at kayaking. That's why I don't kayak Dowd Chute...


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## media310 (May 29, 2008)

*East Vail?*

I didnt see the sheriff closing East Vail Chutes this winter??? Hmm.. Be safe and smart. Im new to boating but think the folks on here would be a little better suited then some Texas or 212 guest paying top dollar to raft in the Vail Valley


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## SummitAP (Jun 23, 2007)

cebel said:


> Thanks for posting the relevant statute. What is ironic about this situation is that the law cited was the result of a high water closure of the Eagle River in the late 70's. Local kayak legend Steve Boyd fired up Dowd Chute in a 13 foot glass boat at 7 feet plus on the guage. He was promptly arrested, charged and convicted. He appealed his case to to the Colorado Supreme Court and won, thereby establishing kayakers and canoeists right to paddle Colorado rivers at any levels they see fit.
> 
> I have no idea whether the statute applies to rafts or not, but every kayaker in the state owes Steve a debt of gratitude. FYI Steve is still paddling the Eagle on a daily basis. 72 year old badass!
> 
> Charlie


Good info!

And thanks Steve Boyd! (not that I'm good enough to take advantage of your victory just yet)


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## GAtoCSU (Apr 18, 2005)

Isn't it about the same logic as closing the road due to ice/snow? Seems like it is....


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## Cheyenne (Oct 14, 2003)

If an agency is going to determine that a certain section of water is "unsafe" by closing it, then they are going to determine that it is "safe" by opening it back up. If they determine that it is "safe" and someone gets hurt, they might be held responsible for the injury.

It might make sense to get in touch with the county attorney and see if they are willing to make that call.


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## mania (Oct 21, 2003)

GAtoCSU said:


> Isn't it about the same logic as closing the road due to ice/snow? Seems like it is....


No No NO! the state (or feds) made the road, maintain it and therefore can close it. we have a right to float navigable rivers no matter how high it is NOT for the 'sheriff' to determine our abilities.


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## jbarnow (Sep 10, 2007)

The road analogy is also off b/c some would look at high river flow like a big powder day. Gotta get it while it's there. To shut it down because some are not capable seems unreasonable and unfair. I skied the E. Vail chutes all winter, when the shit was sketch I stuck to the trees and accessed what I felt were safe runs...I had no problems and many glorious face shots. Why shouldn't I be able to decide for myself what I would like to subject myself to and then pay the consequences for my actions? Please don't tell me because your tax dollars and rescue resources and peeling my dead body off the side of the river. That could happen at minimal flow or maximum. 

Would it be arguable that a raft is a inflatable kayak?


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## chappie (Sep 28, 2007)

*Come on over to Pitkin*

Well, if the Eagle County Sherriff does decide to close your rivers come on over to the Fork or the Crystal. The BOR began increasing the releases down the Pan (to peak at an additional 500 cfs on Sunday) which added to the flows in the Fork right now should make for some fast and funky water for rubber crafts. The yakkers should stick to the Crystal for the best water right now.


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## Beardance42 (May 12, 2008)

Hey Chappie - are they enforcing the 133 bridge ramp closure in Carbondale?

7K on the Fork sure looks inviting...


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## pinemnky13 (Jun 4, 2007)

Beardance42 said:


> Hey Chappie - are they enforcing the 133 bridge ramp closure in Carbondale?
> 
> 7K on the Fork sure looks inviting...


DOW says not to use it until the new lease with the property owners gets finalized on or about 12th of June. Call DOW in glenwood for information or see the thread about the carbondal boat ramp closure


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## chappie (Sep 28, 2007)

*133 Ramp*

Not sure, I have been using the other access points mentioned in the previous thread about the closure. I figure I might run down there this weekend to see if there is any new info. Will update if there is.


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