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PEOPLE v. EMMERT

No. 28235.

597 P.2d 1025 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David B. EMMERT, Berlin Taylor, and Elbert Wilson, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

As Modified August 13, 1979.

Attorney(s) appearing for the Case

Carroll E. Multz, Dist. Atty., Gregory F. Long, Asst. Dist. Atty., Hot Sulphur Springs, for plaintiff-appellee.

David B. Emmert, Greeley, for defendants-appellants.

Gerald W. Wischmeyer, Littleton, for amicus curiae Colorado Chapter of the Western River Guides Ass'n, Inc.

Welborn, Dufford, Cook & Brown, William A. McLain, Denver, for amicus curiae The Colorado Farm Bureau.

Moses, Wittemyer, Harrison & Woodruff, P. C., Raphael J. Moses, Charles N. Woodruff, Boulder, for amicus curiae The Colorado Cattlemen's Ass'n.

Delaney & Balcomb, Kenneth Balcomb, Glenwood Springs, for amicus curiae Colorado Water Congress.

Lawrence R. Reno, Denver, Stanley W. Cazier, Granby, for amici curiae The Ritschard Cattle Co. and The Lazy 7 Rod & Gun Club.

LEE, Justice.

The defendants-appellants were convicted of third-degree criminal trespass in violation of section 18-4-504, C.R.S. 1973.

The validity of the conviction depends upon our determination of the following question: Did the defendants have a right under section 5 of Article XVI of the Constitution of Colorado to float and fish on a non-navigable natural stream as it flows through, across and within the boundaries of privately owned property without...

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