Colorado § 41-1-107 - Ownership of space.
Full text of Colorado Colorado Revised Statutes § 41-1-107 — Ownership of space., with citation guidance and answers to common questions.
§ 41-1-107. Ownership of space.
The ownership of space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight of aircraft.
Source: L. 37: p. 251, § 7. CSA: C. 17, § 15. CRS 53: § 5-1-6. C.R.S. 1963: § 5-1-6.
Cross references: For estates above the surface, see article 32 of title 38.
ANNOTATION
Law reviews. For article, "From the Floor of Hell to the Ceiling of Heaven", see 16 Dicta 125 (1939). For comment, "People v. Emmert, 198 Colo. 137, 597 P.2d 1025 (1979): A Step Backward for Recreational Water Use in Colorado", see 52 U. Colo. L. Rev. 247 (1981). For article, "Reviving the Public Ownership, Antispeculation, and Beneficial Use Moorings of Prior Appropriation Water Law", see 84 U. Colo. L. Rev. 97 (2013). For article, "Privacy in a Time of Drones", see 50 Colo. Law. 38 (June 2021).
Landowner can exclude public from waters of nonnavigable stream crossing his lands. People v. Emmert, 198 Colo. 137, 597 P.2d 1025 (1979).
"Breaking the close" deemed trespass. Whoever "breaks the close"—intrudes upon the space above the surface of the land—without the permission of the owner, whether it be for fishing or for other recreational purposes, such as floating, commits a trespass. People v. Emmert, 198 Colo. 237, 597 P.2d 1025 (1979).
Owner of stream bed in exclusive control of everything above. The ownership of the bed of a nonnavigable stream vests in the owner the exclusive right of control of everything above the stream bed, subject only to constitutional and statutory limitations, restrictions and regulations. People v. Emmert, 198 Colo. 137, 597 P.2d 1025 (1979).
Applied in Thompson v. City and County of Denver, 958 P.2d 525 (Colo. App. 1998).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 41-1-107
What does Colorado Revised Statutes § 41-1-107 cover?
Section 41-1-107 ("Ownership of space.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 41-1-107?
A common citation format is "Colorado Revised Statutes § 41-1-107" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 41-1-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.