Arkansas River Recreational Act

C.R.S. tit. 33, art. 12.5
in effect

C.R.S. § 33-12.5-101 Short title

33-12.5-101. Short title. This article shall be known and may be cited as the "Arkansas River Recreational Act".

C.R.S. § 33-12.5-102 Legislative declaration

33-12.5-102. Legislative declaration. The general assembly recognizes that the Arkansas river is a major recreation attraction and a vital resource for residents and nonresidents alike and hereby declares that it is the policy of this state to safeguard the recreational quality of the Arkansas river and the adjacent lands by granting the commission the authority to regulate recreational use on the Arkansas river. It is not the intent of the general assembly to in any way interfere with private landowner rights along the river or with the determination, administration, or change of water rights in the drainage of the Arkansas river and its tributaries and the legal utilization thereof.

C.R.S. § 33-12.5-103 Powers of the commission

33-12.5-103. Powers of the commission. (1) The commission has the authority, consistent with section 33-12.5-102, to regulate the manner, type, time, location, and amount of recreational and commercial use on that portion of the Arkansas river that runs from the confluence of the Lake Fork and the East Fork of the Arkansas river to the Pueblo reservoir. (2) Subject to section 33-12.5-102, the commission also has the authority to enter into agreements with municipalities, water conservancy districts, and private individuals to effect reservoir operation in order to provide water flows beneficial to recreation and consistent with section 33-12.5-104. (3) The commission shall, to the maximum extent possible but consistent with section 33-12.5-102, keep the regulation of the recreational uses of the Arkansas river to a minimum.

C.R.S. § 33-12.5-104 Effect of article - rights of property owners - water rights

33-12.5-104. Effect of article - rights of property owners - water rights. (1) Nothing in this article shall be construed as: (a) Diminishing the rights of owners of property as provided in the constitution and statutes of this state or in the constitution of the United States; (b) Modifying or amending existing laws, court decrees, or court decisions or affecting future court proceedings or decrees in any manner with respect to the determination, administration, or change of water rights; (c) Granting the commission any vested water rights or right to apply for or obtain any decree for a water right for recreational purposes; (d) Prohibiting or in any way regulating the construction, modification, rehabilitation, or operation of reservoirs, diversion structures, or other facilities necessary for the storage, diversion, or conveyance of water in the drainage of the Arkansas river and its tributaries as otherwise permitted by law; (e) Superseding, abrogating, or impairing rights to divert water and apply water to beneficial uses in accordance with sections 5 and 6 of article XVI of the Colorado constitution, the provisions of articles 80 to 93 of title 37, C.R.S., or Colorado court decisions with respect to the determination and administration of water rights. Nothing in this article shall be construed, enforced, or applied so as to cause or result in material injury to water rights. The question of whether such material injury to water rights exists and the remedy thereof shall be determined by the water court. (f) Allowing the commission or the division to require minimum streamflows or minimum water levels in any lakes or impoundments.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-33.docxFetched: 10/6/2026