“WE ARE CONCERNED THAT THE PFD REQUIREMENTS TO SURF THE SCOUT WAVE WILL SET BAD PRECEDENTS FOR RIVER SURFING STATEWIDE IN COLORADO…. This is not just a local issue to the Scout Wave in Salida!”
On 8/11/2023 the Colorado Park and Wildlife (CPW) posted up signs at Scout Wave with requirements for Coast Guard Approved (CGA) personal flotation device (pfd) to surf the Scout Wave. Although not stated on the sign, violation of the law(s) is a misdemeanor offense and a $100 fine.
The following day, Saturday morning, a CPW law enforcement officer visited Scout Wave to give verbal warnings (no citations were written) that CGA pfd’s are required to surf the Scout Wave. In particular, impact vests (Patagonia and Vissla for example) and wake competition vests (like O’Neil’s comp vest) did NOT meet the pfd requirement to surf Scout.
Below is a discussion about the pfd rules being proffered up by CPW at Scout and in reality goes beyond that river wave in Colorado:
CGA PFD’S AND RIVER SURFING:
The Denver Surf Report encourages use of safety gear while river surfing such as floatation/impact vests, helmets, etc; however, we disagree with CPW’s interpretation of the CGA pfd requirement for river surfing.
If you are comfortable with a CGA pfd, we do NOT discourage the use; but, we disagree that CGA pfd’s are a good fit for every river surfer and for certain situations CGA pfd’s are actually counterintuitive to safe river surfing.
We are also alarmed at the blind assumptions in river surfing of complete safety of using CGA pfd’s and so called “quick release leashes” that in reality have caused near death experiences (NDEs) and deaths; in particular the flush drowning death of a SUP surfer in 2019 at Staircase Wave in BV while fully decked out with a CGA pfd and “quick release leash”. See https://denversurfreport.blog/2023/07/08/flush-drowning-you-need-to-know-about-it-2/
Ultimately your choice of safety gear should be a result of establishing your own risk tolerances based on knowledge and ability to use the safety equipment properly while river surfing. Just because you have the best pfd and a “quick release leash” does not mean you are protected, these items are not fail-safe and like the incident in 2019 at Staircase, could lead to a deadly outcome.
Also in some respects, the CGA pfd’s in river surfing encourages the reliance of vest attached “quick release leashes” via the swim and drag board to eddy method of ending a surf ride. Unfortunately, the quick release leashes attached to the vest, have not been proven with full research to work as stated…. In one instance, a surfer in Durango using a quick release leash attached to the surfer’s pfd was nearly killed when the surfer was held under and could not deploy the quick release (the board luckily became unstuck of rocks just as the surfer gave up trying to locate the quick release mechanism and started to breath in water, yes the surfer survived but began to experience “secondary drowning” the next day when coming down with pneumonia).
Lastly, the current offering of CGA pfd’s for purchase are not engineered for river surfing specifically and are not made for paddling surfboards or efficiently swimming after and to a surfboard. This is a danger factor for river surfing that is not known, not acknowledged, or not addressed by the pfd manufacturers.
MISINTERPRETATION OF PFD LAW:
We at the Denver Surf Report are not attorneys; however after reviewing the CPW’s own published guidance brochures and web pages on pfd’s, CPW appears to be enforcing laws and regulations at the Scout Wave that are not clear and arguably do not apply to river surfing at all.
Conversely, it does appear that the CGA pfd laws/regulations apply to down river stand-up-paddle boarding (SUP) and surfboarding behind boats (aka wakeboarding). In other words, the statute does not specifically address “river surfing” or the use of “surfboards” of any type in Colorado rivers.
It appears that the spirit of the laws and regulations requiring CGA pfd’s is primarily drafted for downriver travel via boats, SUPs, inner-tubes, or swimming. CGA pfd downriver requirements are reasonable as long as it couples with proper knowledge and use of pfd’s (sizing/fitting, age requirements, hazard mitigation from footholds, strainers, flush downing, etc)….. Just making pfd’s available free to the public without proper sizing and river hazards instruction is reckless and dangerous. The law is not clear on this matter of educating users of pfd’s.
What is not understood by CPW is that river surfing is a stationary activity in the river with no downriver intentions or mere swimming in the river. River waves are surfed and returned to typically by eddy service or eddy out spots. Most river surfers use wetsuits that float an equivalent to a pfd. Thus as “wind-surfing” is exempt in the Colorado statute from pfd usage if using a wetsuit, the same should be afforded to river surfing.
Before you say, “hey, you are not a local at Scout, you don’t have any business getting involved in the pfd regulations at Scout“; well the truth is, we are talking about Colorado state law that applies to not only Scout but to all river waves in Colorado. So yeah, we all have “got a dog in the fight” to make sure bad precedents is not set into motion at the Scout Wave in Salida for the rest of Colorado for river surfing.
WHAT’S NEXT?
The river surfing season is ending out at Scout soon since at some point in time repair work will begin on Scout that will most likely limit or prohibit surfing at that wave. Also in BV, there will be a public meeting next Thursday 8/17/24 at 7pm for Pocket Wave 2.0 at the community center (here is the live meeting feed for it to join: http://meet.google.com/ikn-wvno-phk.) This might afford us an opportunity to voice our opinions on the CGA pfd rules at Scout and likely Pocket Wave 2.0….. Possibly we could meet with CPW in the near future to figure out a reasonable interpretation of the PFD laws and enforcement as it relates to river surfing.
IF CONFRONTED ABOUT CGA PFD’S:
What should you do if confronted about surfing Scout or any other location without a CGA pfd?!?….
Well first, be respectful to anyone confronting you about need to use a CGA pfd, especially law enforcement. Attempt to explain that the law is not directed to surfboard river surfing but only applies to downriver SUPs, inner-tubers going down river, and people swimming down the river. But if you are told you will be ticketed or arrested for river surfing without a CGA pfd, you might want to comply with a back-up CGA pfd or be prepared to be cited or hooked up (arrested).
If you chose the latter, to take the ticket or a ride in the back of the squad car to the pokey- know that the place and time to dispute the CGA pfd river surfing charge will be in the courts and not with the law enforcement officer giving you the citation or a ride to lock-up. Be cool and show respect to law enforcement officer(s) so things do not escalate to other charges.
To help you out in how to respond to being confronted for not using a CGA pfd; review these CPW and AHRA pdf brochure links and search them for the term “surfboard” to familiarize yourself with the law. Bookmark the link on your phones browser and/or download the pdfs on to your phone to show to any law enforcement officer wanting to ticket you or possibly even arrest you for violating the pfd rules.
- https://cpw.state.co.us/Documents/Boating/BoatingRegulations.pdf
- https://cpw.state.co.us/placestogo/parks/ArkansasHeadwatersRecreationArea/Documents/Admin/Publications/RiverSafetyandEtiquette.pdf
“RIVER SURFING” IS NOT KAYAKING OR SUP:
With all do respects to the river experts of kayakers and down river stand-up-paddlers; “River surfing” needs to be treated as it’s own activity not beholden to kayaking or SUP for their gear, safety equipment, and norms.
We fully agree that river surfing should learn from and borrow the best practices of kayaking and SUP to the extent it makes sense. But not all of what those sports do, translates to river surfing; pfd laws in Colorado is one of them.
QUESTIONNAIRE ON PFD’S:
We have drafted an informal questionnaire on your usage of pfd’s. Please respond for each of your vests you use (for example, one for your primary vest, let’s say for your non-CGA vest, and a second time for your CGA pfd). Here is the link: https://docs.google.com/forms/d/e/1FAIpQLSe7Mt7Ra0whNOB6P-BO3-T8HrpMYTPOOs2vG18FutNbpRwKAQ/viewform
COMMENTS:
We will open this post for your comments. Please be considerate in your comments so we can publish them.
LBK
Be safe, be smart, and to be ready to respectfully question authority, but demand respect to you as well.
* Edited for grammatical error and clarification.
The Denver Surf Report 
Dumb, I’m not wearing a pdf
What’s your argument for not wearing a pfd?
Too much salt water has tragically left me unable to wear a PFD, helmet, shoes, board shorts over my wetsuit, nose clips, or really any of the gear that river surfers wear.
Thank you for your understanding
This kids guardian was lulled into a false sense of security by her misguided understanding of and unquestioning trust in PFDs. She strapped the little guy into his “life jacket” and sent him down the river. The PFD did not save him. A person without a “PFD” did save him. This is not an argument against wearing PFDs. This is an argument against lazy and dangerously misguided government dictats. We should be advocating for public education about the real dangers of whitewater, not hamstringing the informed and experienced river users. https://kdvr.com/news/local/video-shows-boy-rescued-from-clear-creek-in-golden-after-tube-flips/
Pfd*
Listen, I understand that I might come across as overly cautious, but wearing a life jacket or personal flotation device (PFD) shouldn’t be dismissed as a minor issue. Nowadays, these devices are designed for comfort, and their potential to save lives cannot be underestimated. The expense of not wearing one can be just as much as purchasing a reliable life jacket from a nearby store. I believe it’s worth considering alternatives like wakesurfing vests, which appear to offer both comfort and lightweight wear. However, I don’t have the authority to dictate the regulations. I just want to make sure we can all still surf this time next year
Busybodies trying to criminalize surfers under the guise of safety is nothing new, but CPW’s interpretation of a surfboard as a “vessel” is a novel approach. Doesn’t seem like it will hold water, so to speak.
The definition of vessel is a ship or large boat, so I don’t think a surfboard is that.
I personally feel safer surfing w/ flatter vest PFD. When I’ve tried using a CGA PFD they are thick on the front, which makes it much more difficult to stay on top of your board while paddling, especially in active water. And I think it is better to stay on your watercraft (keeps body and feet higher in water, less chance of foot entrapments, leash entanglements etc). When paddling in active water with thick PDF, I end up cantilevering on the board in the waves, and not being able to stay ‘connected’ to my surfboard
When using a thick PFD I find myself doing the swim and drag surfboard behind me thing, which I think is ultimately less safe.
As someone that has surfed most of my life, I would like to continue to surf without a PFD. Have you ever seen someone surfing with a PFD anywhere in the world? NO, why is that? Well it would stifle my flexibility to surf for starters. Then we have the inability to paddle on my board efficiently. And think of this, between my neoprene wetsuit and my board I have plenty of floatation aid and don’t see a need for more. How many surfers do hear about drowning a year? Not many or any as surfers are excellent watermen and feel comfortable in the water. If you are inexperienced and feel more comfortable in a PFD then that’s what you should do, but please don’t take away my freedom to choose. We live in a state where you don’t have to wear a helmet to ride a motorcycle but CPW wants to fine me for not wearing a PFD. Seems like we need to change that as the laws we have are vague and don’t pertain to river surfing. Thank you Colorado for providing water for me to surf, I love you
What an absolute tragic bummer to hear miss guided people that don’t surf forcing people to wear a PFD‘s. We have the exact same laws here in Idaho but the state follows them accordingly, these rules don’t apply to boogie boards, surfboards, inner tubes, inflatable, mattresses, etc. I feel so bad that somebody complained about you guys and they’re trying to get you shut down. The economic impact from this decision will be felt more than you think
PFDs have a number of issues when applied to river surfing the first I have noticed is they hold you above the water in the zone where the board shoots out of the wave, making head injurys or being knocked unconscious more likely. It also makes getting on your board to exit the rapid more difficult increasing the time I spend getting thrown around by the rapids. Surfing is about freedom and connection to the water and creating barriers between people and the water when there isn’t evidence showing necessity would be a small tragedy. I also feel its important to note that the river surfing community dose have safty in mind and would love to be brought into the conversation on which safty precautions need as a comunity to keep every one safe.
Great point! I totally agree with this assessment of CGA vests and potential for head/face impacts.
Incredible amount of passion for and against. It’s clear the laws that are currently in place are not referencing river surfing. That should change. I have been fortunate enough to surf almost every river in CO and New Mexico at very high water levels. My experience is that my impact vest with wetsuit works great, allows me to paddle efficiently, and that my leash release point from my vest works great. Leashes have and continue to be our biggest safety issue and always create a ton of debate in this group. Enforcement of leash safety makes way more sense than enforcement of CGA vests. Although I always prefer no enforcement but clear education on the dangers and choices to stay safe. All of this is a perception issue. The rules/laws were created/are being enforced by people that have likely never river surfed and are likely coming from a different sport perspective (kayaking, boating, etc). Let’s use this clear passion to advocate, support communities like BV tomorrow night, & all chip in to fund new waves in all of the river towns. Healthy debate is great for the sport! But keep it kind folks! We’re still just talking about river surfing. Thanks David Riordon for trying to start dialog with CPW and for creating conversation around all of this.