Ep. 125 -Mark Squillace - Attorney, Legal Scholar, Public Access Expert

Backcountry Hunters & Anglers Podcast & Blast with Hal Herring

Zack Williams

Outdoors, Wilderness, Sports, Fishing, Outdoor, Hunting, Sports & Recreation

4.6 • 853 Ratings

🗓️ 15 February 2022

⏱️ 97 minutes

🔗️ Recording | iTunes | RSS

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Summary

The forces of privatization are very definitely on the march. From hunting access and opportunity to the age-old conflict over who has the right to fish or swim or boat on our waterways, privatization is arguably the defining debate in the United States right now. Join us for the story of an 80-year Colorado fly fisherman who is attempting to halt this slide toward privatizing stream and river access in his state, maybe once and for all. Law professor, attorney and public lands and water legal scholar Mark Squillace of the University of Colorado Law School guides us through a fascinating legal case that has ramifications for stream access and other public trust conflicts across the U.S.

Transcript

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0:00.0	Yeah, it's pretty interesting. If you look at the Colorado Constitution, it quite clearly
0:06.8	states that the waters of every natural stream in the state of Colorado are hereby declared to be the property of the public and dedicated to the use of the people.
0:16.8	One could hardly imagine broader language that intended sort of broad public access rights.
0:22.0	It's almost certainly a navigable for tidal river, and yet the state's taking this position that there are no navigable rivers in Colorado.
0:31.0	And at every turn we've been met with state objections
0:36.6	on our standing to sue, on our ability
0:38.7	to go into court and make these arguments.
0:41.3	What you really want, think more than anything is for
0:43.8	reasonable people to get together and to figure things out in a way that respects
0:48.5	the rights of the public that the public may have, in waterways, but also respects rights that private property owners also have and do it in a way that's reasonable on both sides.
1:00.0	BHA Podcasts and Blast is proud to be supported by the Filson Company.
1:05.0	A Seattle-based Filson has equipped hunters and woodsmen with top quality clothing and gear
1:10.0	since 1897 Alaskan Gold Rush and they are remain and always have been
1:15.2	big supporters of our public lands. As part of Filson's ongoing support of the
1:19.8	Forest Service they've launched a limited collection of gear honoring Smoky Bear, and that gear is going fast.
1:27.0	Check out Filson's new mule skin or jeans as well.
1:30.0	They're stitched here in the USA, with straight legs and a built-in flex.
1:34.0	Filson also has the bags that will haul your gear.
1:37.0	Try the rip-stop nylon backpack or a waterproof dry sling pack.
1:41.0	These are all great options for a day out on the water you can
1:45.0	see all of this at filson.com we appreciate their sponsorship go check them out
1:49.9	please thanks everybody hey everybody just a real quick update since ever please. Thanks everybody. Hey everybody.
	...

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