wheat ridge

[tweeta_bear]

ok so i looked up the law/rules for prospecting in wheat ridge and as far as i can tell it dont say anything about the removal of material from the stream. just living plant life. i would thing as long as i dont have a pan or sluice and just a shovel and a bucket there is nothing they can do. once i leave the city limits there is nothing they can do to me... im gonna try that sometime... and if im asked im going to say "i want this natural river rock for my 100 gallon fish tank"

 

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[KevinInColorado]

Sorry but they will see removal of gravel or rock just the same as gold. You would just be mining for a differ item, still mining. Please don't do this as it would reflect badly on all of us. Instead, try digging just downstream of Wheatridge to catch the gold as it escapes their clutches!

FYI to other readers: Wheatridge CO has banned prospecting totally on city property except in the newly created Clear Creek Prospsecting Park on the west edge of the city. (Just created last fall under the leadership of Gold Unlimited and with support from Gold Prospectors of the Rockies. The ban has been in place for years and was instituted due to prospectors digging in manicured city parks...undermining creek banks and triggering citizen complaints. Y'all remember, the world is watching! So far no other cities in metro Denver have banned prospecting on city property...let's keep it that way! ,

 

[tweeta_bear]

but technically the stream and stream bed dont belong to the city it belongs to the state and the state says "Public Trust Doctrine-
Section 5 of article XVI of the constitution of the state of Colorado: (summary, emphasis mine)

"(1) The water of every natural stream within the state of Colorado is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as herinafter provided.


(2) This Colorado Public Trust Doctrine is adopted, and implemented, by the people of the state of Colorado to protect the public's interests in the water of natural streams and to instruct the state of Colorado to DEFEND the public's water ownership rights of use and PUBLIC ENJOYMENT.


(3) This Colorado Public Trust Doctrine provides that the public's estate in water in Colorado has a legal authority superior to rules and terms of contracts or property law.

(4) The Public confers the right to the use of its water, and the diversion of the water under section 6 of this article, to an appropriator for the beneficial use as a grant from the people of Colorado to the appropriator for the common good.


(5) (A) Access by the public along, and on, the wetted natural parameter of a stream bank of a water course of any natural stream in Colorado is a right of the public to the use of its own water in concert with provisions of this Colorado Public Trust Doctrine.

(B) The right of the public to use of the water in a natural stream and to the lands of the banks of the streams within Colorado shall extend to the naturally-wetted high water mark of the stream and is impressed with navigation servitude for commerce and public use as recognized in this Colorado Public Doctrine.

(C) The water of a natural stream and its streambed, and the naturally-wetted lands of the shores of the stream, shall not be subject to the law of trespass as the water of natural streams and the banks of their stream courses are public highways for commerce and public use.
(D) Public use of water, recognized as a right in this Colorado Public Trust Doctrine, shall not be controlled in law as a usufruct but shall be a right of the public to protect and ENJOY its own water.

(6) Enforcement and implementation of provisions contained within this Colorado Public Trust Doctrine to protect the public's rights and interests in water is mandated to the executive, legislative, and judicial branches of Colorado State government to act as stewards to protect the public's interest in its water estate. ANY citizen of the state of Colorado shall have standing in judicial actions seeking to enforce the provisions of this section.

(7) Provisions of this section are self-enacting and self-executing."


It seems pretty clear that we (the citizens of Colorado) own the water and the streambed and the naturally wetted land up to the high water mark in fact.

 

[KevinInColorado]

Sorry but this refers to use NOT removal. The law is to protect your right to canoe, kayak, walk etc up the stream. It also protects water usage by farmers, etc. it doesn't extend to disturbing or removing creek bed or bank material. Nice try but no.

PS I do like the research and effort you are putting forth on this snowy day...good time to study, planning and research.

 

[tweeta_bear]

i may go to the state and find out if there is anything i can do/say to trump the city law.

 

[tweeta_bear]

federal law trumps state law and state law trumps city law so where does that leave us?

 

[KevinInColorado]

Your hierarchy is right of course but you would have to buy the mineral rights to that land to have a federal claim to the minerals. Just guessing here...the city won't sell the mineral rights to you!

FYI the right of passage on waterways was established in the 1600's to protect travel by water which was key to commerce at the time. It predates the US even!

 

[Aufisher]

A bucket full of gravel makes a fine anchor for your innertube as you navigate down river