RIVER RESTRICTIONS

Definitions

“Public Advisement” means a formal statement publicly issued or announced for the purpose of informing the public. A public advisement shall not prohibit the use of vessels, whitewater canoes, single-chambered air-inflated devices, or kayaks. A public advisement may include a recommendation that, in addition to any safety equipment required by law, additional items of safety equipment and additional safety precautions are recommended. Such additional safety precautions may include the recommendation that inexperienced or inadequately prepared individuals should postpone the river trip or seek the professional services of state licensed river outfitters.

“Partial Use Restriction” means any order issued prohibiting the operation of single-chambered air-inflated devices on any waters of the state. A partial use restriction shall not prohibit the use of vessels, whitewater canoes, or kayaks.

“Use Restriction” means any order issued prohibiting the operation of vessels and single-chambered air-inflated devices on any waters of the state and requiring the removal of vessels and single-chambered air-inflated devices from any waters when such operation constitutes, or may constitute, a hazard to human life or safety. A use restriction order shall not apply to whitewater canoes or kayaks.

“Peace Officer” means a sheriff, undersheriff, deputy sheriff, police offer, Colorado State Patrol officer, or marshal, a district attorney, assistant district attorney, deputy district attorney, or special deputy district attorney, an authorized investigator of a district attorney, an agent of the Colorado Bureau of Investigation, a district wildlife manager, or special district wildlife manager, or a parks and recreation officer.

“Single-Chambered Air-Inflated Device” means an air inflated device that has only one air compartment, such as innertubes and certain types of air mattresses and small inflatable rafts.

Restrictions

A public advisement or partial use restriction order may be issued by a peace officer whenever the peace officer determines that normal or above average runoff or water levels or other circumstances or conditions may increase incidences of water recreation accidents or injuries within the peace officer’s jurisdiction.

A use restriction order shall be issued by a peace officer whenever the peace officer determines that a hazard to human life and safety exists within his jurisdiction.

For the purpose of issuing a use restriction order, a peace officer may deem a hazard to human life and safety to exist whenever one or more of the following circumstances or conditions exists:

• A state of disaster emergency has been declared.
• Disaster relief efforts, which may include debris removal, are underway.
• An accident or other emergency occurs in or immediately adjacent to the waterbody.
• Rescue efforts for victims are actively underway and such efforts would be hindered by additional waterway traffic, or