Open Letter to Colorado Whitewater Members from Patrick Tooley Regarding HB 1188

Dear Colorado Whitewater Members:

I write on behalf of the CW Board to update you on the progress of House Bill 1188.  On Monday, March 15, 2010, the Senate Judiciary Committee heard testimony on House Bill 1188. CW Board Members Dede de Percin, Mark Robbins, and Patrick Tooley testified in support of the bill, as did Nathan Fey of American Whitewater.  CW President Leslie Tyson and Board Member Ted Dietrich also attended the hearing on behalf of CW and helped coordinate AW and CW’s efforts to support and improve House Bill 1188.  By a 4-3 vote, the Senate Judiciary Committee passed House Bill 1188.  Equally important, CW was successful in getting CW’s amendments incorporated into the bill, so that all members of the boating public are included, not just commercial outfitters.  The bill now goes to the full Senate.  If the bill makes it out of the Senate, the bill will go back to the House, which must approve the amended version of the bill. The bill will then head to Governor Ritter’s desk.

House Bill 1188 represents a significant step forward in recognizing and clarifying the right to float on Colorado’s rivers and streams.  But much work still needs to be done before House Bill 1188 becomes law. We need your support.  At the end of this letter, you will find ways you can help pass this important piece of legislation. 

Colorado Whitewater’s Efforts on House Bill 1188.  House Bill 1188 clarifies the right to float on those segments of Colorado’s rivers and streams that have been historically rafted by commercial outfitters.  Representative Kathleen Curry and Senator Mary Hodges are the primary sponsors of the bill.  House Bill 1188 will help clarify a murky, complex, and unsettled area of Colorado law, namely the balancing of the rights of private landowners with the rights of the public, to whom the Colorado Constitution specifically dedicates Colorado’s waters.

Colorado Whitewater and American Whitewater, in a coordinated effort, began work on House Bill 1188 well before the bill was introduced in the General Assembly.  We urged the Bill’s sponsor to introduce a bill that included all rivers and streams and all members of the boating public. And while the Colorado River Outfitter’s Association wanted the bill limited to commercially rafted rivers for political reasons, CROA did not oppose including all members of the boating public within the bill.  Even so, the bill as introduced did not include all of the boating public.

Once House Bill 1188 was introduced in the House, CW’s Board appointed a task force to work on the bill.  The task force consists of CW Board Members Ted Deitrich, Dede de Percin, Mark Robbins, Leslie Tyson, and Patrick Tooley.  The task force works closely with AW’s Nathan Fey, and receives valuable perspective, input, and financial support from former CW and AW President and Board Member Jay Kenney.  Former AW Access Director Ken Ransford, an attorney active in river access and conservation, also provides helpful advice and input. 

CW’s task force has devoted hundreds of hours working on House Bill 1188.  Working closely with American Whitewater, the CW task force has

• Successfully lobbied members of the House Judiciary Committee to pass the bill
• Attended the House Judiciary Committee hearing
• Conferenced with Governor Bill Ritter and his legal advisors
• Conferenced and met with Representative Curry and Senator Hodges
• Lobbied other Senators and Representatives to support House Bill 1188
• Provided legal authorities and input to key Colorado Senators
• Engaged in extensive meetings and communications with commercial outfitters, their lobbyists, and their legal counsel
• Drafted proposed amendments to improve House Bill 1188
• Successfully pushed to have CW’s amendments included in House Bill 1188, the most important of which ensures that all members of the boating public are included
• Networked with civic and political supporters of the bill
• Spoke to members of the media to explain why House Bill 1188 should include all members of the boating public, not just commercial outfitters
• Hired a lobbyist to help maximize CW’s efforts to see House Bill 1188 become law
• Enlisted Senator Chris Romer’s support to oppose any effort to amend the bill to exclude non-commercial boaters from the bill

Strategy, Silence, and Chatter. 

CW and AW have tried to be very thoughtful and strategic about House Bill 1188.  We were disappointed that House Bill 1188 as introduced did not cover all rivers and the entire boating public.  Nevertheless, our strategy was not to oppose the bill, at least not initially, but instead to work to improve it.  (For reasons that are too involved to explain here, House Bill 1188 cannot be amended to cover all rivers and streams).   Our primary goal was and is to ensure that all members of the boating public are included in the bill.

When and how to push for our amendments presents a delicate problem.   On the one hand, if you offer your amendments at the wrong time, your amendments may fail. On the other hand, if you wait too long, you may be out of luck.  We hope those of you who wanted to know more about our strategy and the details of our amendments understand our reluctance to share this information prematurely.  We share what we can when we can.  CW Board Member and Secretary Dede de Percin has done a great job getting the word out in our Happenings and Action Alerts, and will continue to do so as the bill continues through the legislative process.

You should also know that CW has worked and will continue to work closely with our friends at CROA to help get House Bill 1188 passed.  While there have been a few website postings on Mountainbuzz that reflect some tension between private and commercial boaters over this bill, as Jay Kenney rightly reminds us, we are all members of the boating public.  We understand that commercial outfitters need to protect their interests, just as we need to protect ours, and we will oppose any effort to remove non-commercial boaters from the bill.  But I have not spoken to a single CROA representative who wants us out of the bill. Could our interests at some point diverge?  Yes, but I have every confidence that if we continue to work together, House Bill 1188 will become law and everyone will benefit.

How You Can Help. 

Your help is critical.  The last time the General Assembly considered a river access bill was 1996.  The bill didn’t even make it to the House floor.  Please make sure this precious opportunity to clarify and codify the right to float is not squandered. 

First, thank Representative Curry and Senator Hodges for sponsoring the bill.   The opposition has really turned up the heat and is trying to wear them down.  Thank them for including all members of the boating public.

Second, let your Senators, Representatives, and Governor Ritter know you support House Bill 1188, provided that it applies to all members of the boating public.  If you are website savvy, go to the Colorado General Assembly website and see who voted for the bill.  Thank them and urge them to protect the rights of all members of the boating public.  Urge those who voted against the bill to support it now.  The opposition has lots of money and has been aggressively calling and emailing in an effort to defeat the bill.  Don’t let them outwork you.

Third, thank Senator Chris Romer for his commitment to keep all members of the boating public in the bill. You know the opposition will work hard to kill the bill.  It’s nice to know you have a tough, smart Senator watching your back. Go to Senator Romer’s facebook page (http://www.facebook.com/pages/Senator-Chris-Romer/199236162421?ref=ts) and let him know you appreciate his support. 

Finally, encourage your friends to join and support CW and AW.  CW has worked exceptionally hard on House Bill 1188.  Given the importance of this bill, CW has hired a lobbyist.  If you can afford it, make a donation.  We may not have the deep pockets of those who want to privatize our public waters, but your donation will help ensure our voice is heard.  Support AW as well, whose commitment to river access and conservation is unequaled.

In closing, we will continue to work hard to see House Bill 1188 enacted into law.  And while the bill is far from perfect, it represents a significant opportunity for all of us.  On behalf of CW’s Board of Directors, thank you.

Very Truly Yours,

Patrick Tooley
CW Board Member, Legal