Colorado River Boating Accident Lawyer: Boating Accidents On the Colorado River - By: William Turley

The Colorado River is the longest inland waterway in the western United States. The Colorado River begins in the Rocky Mountain National Park in Colorado. At the River's headwater, the Continental Divide forms the boundary between the Atlantic Ocean and Pacific Ocean watersheds of North America. The Colorado River flows through Colorado, Utah, Nevada, Arizona, and California. The Colorado River ends at the Gulf of California (Sea of Cortez), Baja California / Sonora, Mexico.

It Is Important To Know What Law Applies To Your Recreational Boating Accident

If you are involved in a serious boating accident on the Colorado River, it is important to understand what set of rules or laws apply to your Colorado River boating accident. State Law is very different from Federal Maritime law. Many times, determining whether State law applies or Federal Maritime law applies determines whether you win or lose your recreational boating case.

If a boating accident occurs on the navigable waters of the United States, then most likely federal maritime law will apply. In this article we discuss the history behind the Colorado River being a navigable waterway and why that is important to you.

Whether a boating accident is covered by federal maritime law depends, in part, upon whether it occurred on the navigable waters of the United States. Generally, navigable waters are waters which are capable (or in some instances, formerly capable) of navigation to the open ocean or from one State to another State.

Sometime Understanding The Past Helps You Understand The Future

In the historic 1931 United States Supreme Court case, Arizona v. California, the State of Arizona sued in order to try and stop the building of the Hoover Dam. In ruling against Arizona, the Supreme Court based its holding, in part, over the navigability of the Colorado River. The United States Supreme Court took judicial notice that large parts of the Colorado River were formerly navigable. The Court held navigability extended as far north as the mouth of the Virgin River at Black Canyon.

This is important because commercial disuse that results from changed geographical conditions and a Congressional failure to deal with them, does not amount to an abandonment of a navigable River or prohibit future exertion of federal control. The Court found that the main obstacles to navigation on the Colorado River was the accumulation of silt coming from the upper reaches of the River system, and the irregularity in the flow due to periods of low water. This is still true, 80 years later.

Before the railroads, the lower Colorado River from the sea to Laughlin, Nevada was an important means of transportation via large steamers. Most of the rest of the Colorado River (and reservoirs), excluding the rapids in the canyons, are currently navigable by River craft and power boats. Even today there is commercial vessel activity on many parts of the Colorado River.

Why Is This Important To Me?

In many, if not most, instances injured boaters and families of boaters killed in recreational boating accidents on the Colorado River will prefer maritime law to apply rather than State law. However, in some instances - such as when you are facing a Limitation of Liability action - it may be to your advantage to have State law apply rather than Maritime law. Either way, you and more importantly - your Colorado River Boating Accident Attorney - need to know and understand whether your case falls under Federal Maritime law and State law.

In general, Courts have upheld admiralty jurisdiction for boating accidents on Lake Mead (Nevada / Arizona) , Lake Powell (Utah/ Arizona) , and the Colorado River from Lake Mead to Laughlin, Lake Mojave, Lake Havasu, the Parker Strip, and Yuma.

Disclaimer

This article is not legal advice. This article is simplistic in order to achieve clarity. Your case, situation or circumstances may differ substantially from those described here. When you make a court claim your credibility is at issue. If you get caught lying you will probably lose your boating accident case. Always tell the truth. Always.

About the Author

Bill Turley is the leading Colorado River Boating Accident Lawyer. He was a speaker at the 2011 Maritime Law Seminar. Bill was elected President of Consumer Attorneys of San Diego. The Turley Law Firm has the most comprehensive Colorado River Boating Accident Attorney website.

Article Directory Source: http://www.articlerich.com/profile/William-Turley/63381

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