Seaplanes on Colorado’s Public Waters? Advocates Float Vision to End 40-Year-Old Ban
Colorado is known for its natural beauty and outdoor recreation. For every outdoor activity in Colorado, there’s a mountain, lake, or canyon; that is unless it involves a seaplane.
Colorado is the only state to prohibit seaplanes from floating, taking off, or landing on public waters. (Adam McCoy, Westword). Colorado Parks and Wildlife (“CPW”), the government body responsible for regulating Colorado’s public waters, sets policy on all parks and wildlife-related issues through an eleven-member commission. (Colorado Parks and Wildlife). In the 1980s, the Colorado Parks and Wildlife Commission sought to protect the state’s limited water supply from overuse and to prevent invasive species from entering Colorado’s waters by banning seaplanes from public waters. (Shane Monaghan, 5280).
Despite efforts to repeal the regulation, public waters remain off-limits to the aquatic fixed-wing aircraft in Colorado. (Jesse Paul, The Denver Post). In recent years, state legislators have shown an interest in loosening the restriction. Id. A pilot program, introduced during the 2017 legislative session, would have granted seaplanes limited access to two state parks after passing an inspection and decontamination process. S.B. 17-235, 71st Gen. Assemb., 1st Reg. Sess. (Colo. 2017). The bill died in committee under opposition from conservation groups and members of the boating community, who argued that easing the restriction would jeopardize Colorado’s wildlife and the safety of boaters. (Jesse Paul, The Denver Post).
Pilots argue that the environmental concerns expressed by conservationists unfairly target seaplanes while letting boaters off the hook. (Evan Kruegel, KDVR). The ban is based on the notion that seaplanes will introduce invasive species, such as zebra mussels, to Colorado’s public waters. Id. Zebra mussels endanger aquatic ecosystems by depleting food sources that native species need to survive. (Colorado Parks and Wildlife). Zebra mussels also clog critical infrastructure, which can result in water outages. (Act for Libraries). However, compared to boats, seaplanes are less likely to spread zebra mussels because the impact of the pontoons on the water during takeoff and landing scrubs aquatic life from the seaplane. (Evan Kruegel, KDVR).
According to CPW, all of Colorado’s public waters tested negative for the invasive species. (Colorado Parks and Wildlife). Pilots reject that the absence of mussels from public waters is a result of the ban, pointing to the absence of the invasive species from private waters in Colorado. (Ray Hawkins, Colorado Politics). Kenney Reservoir and Lake Meredith Reservoir are the only private waters open to the fixed-winged float craft. (Brett Dearman, The Herald-Times). Neither body of water has tested positive for zebra mussels. (Ray Hawkins, Colorado Politics).
After several setbacks in the state legislature, proponents of opening up Colorado’s waters to seaplanes have taken their case to the voters. Efforts to inform and shape public opinion are taking off across the state. In October, The Aircraft Owners and Pilots Association (“AOPA”) co-sponsored an event highlighting the commercial and recreational benefits of seaplanes, with a focus on firefighting. (Dan Namowitz, AOPA). Shortly after the AOPA event, the Seaplanes Pilot Association addressed concerns raised by conservationists, showcasing the ability of dogs to inspect seaplanes for invasive species of mussel. (Dan Daru, KDVR). The Colorado Seaplane Initiative, an advocacy group representing the interests of the Colorado seaplane community is gearing up for a series of events and activities in 2021 aimed at demonstrating the value of seaplanes to the community. (Colorado Seaplanes).
The wildfires burning across the state are perhaps the most effective advocate for seaplanes in Colorado. In 2020, wildfires in Colorado burned over 625,000 acres and cost the state nearly $200 million. (Victoria Carodine, 5280). 38 helicopters, 198 fire engines, and 3,000 firefighters fought to contain the blaze. (Stephen Miller, The Guardian). Until recently, the prohibition of seaplanes on public waters applied without exception. (Dan Namowitz, AOPA). However, the unprecedented blaze prompted the state to temporarily open public waters to seaplanes to extinguish a fire south of Denver. Id.
As advocacy groups continue to make their case, and as the government loosens restrictions, it is not difficult to imagine a shift in public opinion in favor of seaplanes. While the easing of the restriction is billed as a temporary measure in response to a state emergency, it’s likely the government opened a door that will create momentum for the cause. Government authorities should be proactive and set the ground rules. A pilot program allows regulators, working with the private sector and conservation groups, to establish guidelines for inspections and decontaminations. Regulators would have the ability to control for risk while testing the efficacy of the regulation on a smaller scale.
Even still, the current, tangible, problem of wildfires ravaging the state needs to be addressed. Droughts exacerbated by climate change combined with the hundreds of thousands of acres that would require a prescribed burn, Colorado should lift its ban on seaplanes altogether. Seaplane owners should harness the potential of their vehicles to squelch the fires. This benefit, along with the ability to set comprehensive rules and regulations, outweighs the arguments against lifting the ban. After all, wildfires are unpredictable, dangerous, expensive, and destroy major attractions: the land that all Coloradoans want to protect.