???
this link is from a recent westfly post- crazy! folks take your rivers back!!
http://www.west-fly-fishing.com/forums/ubbthreads.php?ubb=showflat&Number=605199#Post605199
The people with the money prevailed. Temporarily. Suit to follow.
thanks Lew- i was hoping for just that response- this is real creepy stuff!
aquabone.
… of the situation down in Utah.
http://www.flyanglersonline.com/bb/showthread.php?33687-Utah-s-Public-Water-Use-Bill-HB-80
Obviously, the current legislation is not as favorable to recreational users of Utah’s Public Waters as the proposed HB-80 would have been, but from reading the attachment to one of the Westfly posts, an explanation by Utah Fish and Wildlife ( I think that is the agency that issued the statement ), the situation doesn’t seem to be as dire as some might think.
It may be a step back from the recreationist’s point of view, but it is a step forward from the point of view of the Utah electorate and their duly elected Legislature and Governor.
I don’t know what kind of litigation would make any difference, Lew. I think that issue got pretty well hashed out in previous discussions led by those in Utah who were advocating for the passage of the more favorable HB-80. In Utah, it appears that this whole issue of recreationist’s use of the Public Waters is a matter for the legislature to decide - and it has.
From some of the comments in the linked thread and those in the statement issued by Utah Fish and Wildlife, it looks like the bill that was just passed is more favorable than a couple bills that were defeated last year. The folks who are really close to the situation down in Utah may consider this an acceptable compromise, or close to it ??
John
John,
Unless you mean private land owners the folks who are really close to this situation do not consider this to be an acceptable compromise. This is more like a worse case scenario. As for the DWR they opposed this bill.
And not that it matters but we did not elect our Governor here in Utah he was appointed when the one we elected left.
i’m w/ Ben on this! i don’t call this compromise-
What is the new law?
This year, the Utah Legislature passed H.B. 141: Recreational Use of Public Water on Private Property. Governor Herbert signed the bill into law, and it will take effect on May 11, 2010. The new law changes the recreational easement recognized in Conatser v. Johnson. This was the Utah Supreme Court decision in 2008 that allowed the public to walk on the private bed of a public waterbody.
What does the law prohibit?
The new law does not allow recreational water users (including anglers, kayakers, tubers, hunters and others) to walk on the private bed of a public waterbody. This means that if you are fishing or recreating in public water that flows over private property closed to trespass, you may not walk on the land beneath the water without obtaining landowner permission.
What is trespass?
To trespass is to enter someone’s property unlawfully. Landowners close their property to trespass by posting a notice or otherwise communicating that access is prohibited. Irrigated pastures, cultivated lands and certain fenced areas are presumed closed to trespass. To review Utah’s trespass laws, see Utah Code Sections 23-20-14, 76-6-206 and 76-6-206.3.
What does the law allow?
The new law allows you to float on the surface of the water, even if you’re floating over private property that is closed to trespass. It also allows you to fish while floating. Your right to float only applies under the following conditions:
[ul]
[li]Water volume. The water must have sufficient width, depth and flow to float your vessel.[/li][li]Stopping prohibited. You and your vessel must move with the current and not anchor or stop.[/li][li]Public water. The water must flow in a natural channel, or it must collect in a natural lake, pond or reservoir on a natural channel.[/li][li]Excluded water. The public easement to float does not apply to any of the following waters on private property:[/li][LIST]
[li]A jurisdictional wetland (as defined in 33 C.F.R. 328.3)[/li][li]An impounded wetland, which means a shallow body of water formed or controlled by a dike, berm or headgate[/li][li]A migratory bird production area (as defined in Utah Code Section 23-28-102)[/li][/ul]
[/LIST]What if I encounter an obstacle while floating?
Your right to float includes the following:
[ul]
[li]Incidental touching. You may incidentally touch private property as required for safe passage and continued movement of you and your vessel.[/li][li]Portage. You may portage around a dangerous obstruction in the water, as long as you use the most direct route that follows closest to the water.[/li][/ul]Where can I access the water to float and fish?
If you want to fish while floating, you must access the water at a lawful access point. This could include a highway right-of-way, public property or private property with written landowner permission.
Where can I fish without obtaining permission?
There are still thousands of places you can fish without obtaining landowner permission.
You do not need permission to:
[ul]
[li]Fish while floating over private property.[/li][li]Fish on public property where the activity is authorized by the managing agency. This applies to fishing on property owned by the U.S. Forest Service, the Bureau of Land Management, the DWR and other public agencies.[/li][li]Fish on private property that is not closed to trespass.[/li][/ul]If possible, try to communicate with landowners before you float over property closed to trespass. It is courteous and always appreciated.
The DWR has also worked with other agencies and private landowners to obtain public access to stretches of the following rivers and streams: Duchesne River, Little Bear River, Ogden River, Provo River (middle section), Salt Creek, Sanpitch River, Spanish Fork River, Strawberry River, Thistle Creek, Weber River and many others. To find a waterbody where you do not need permission to walk the bed, contact the DWR office in the region where you want to fish.
You can also visit the DWR’s Fishing Hotspots, Community Fisheries, Blue Ribbon Fisheries and Walk-in-Access sites to learn about more great places to fish.
*The above information reflects the opinions and interpretations of the Utah Department of Natural Resources, Division of Wildlife Resources on H.B. 141. The opinions and interpretations presented are not binding on courts, prosecuting attorneys or other law-enforcement agencies. They are provided solely for general information and do not represent legal advice or counsel.
Ben -
Is the bill that just passed worse than the two that were defeated last year ??
Since this is a legislative matter, I guess the job is to persuade enough folks to vote in a legislature that will pass legislation that is more favorable to those recreating on the Public Waters. No small task, for sure.
John
In a nut shell, you are not wanted in Utah if you are coming here to fish. Fly fishermen(women) were pointed out as the bad element. The representative (McIff) who sponsored the bill is quoted as saying the movie, “A River Runs Through It” has created the problem becasue it glamorized fly fishing and brought hords of them out into the rivers and streams causing a raft of problems. Here is a link to the fools editorial in the local paper.
http://www.sltrib.com/opinion/ci_14853985
And this nutcase was a judge of some sorts.
I read on another flyfishing blog that the Governors brother in law own close to a mile and a half of the Green River. Hmmmm I wonder if that had anything to do with this descision.
John,
As far as witch bill is worse that’s just splitting hairs they were all bad. But since HB141 was passed I would say this is the worst. The problem is that this bill gives land owners all the rights while putting a huge financial burden on the public to apply for and provide proof to obtain quiet title. All this just to hopefully maintain the access we had prior to 2008. Whats funny is we cant even start the process of applying for quiet title for one year but landowner can restrict access starting immediately. As it stands right now i don’t think any one organization can tell you with out a doubt what is and isn’t open to fishing .
Yes the rumor is true, our Governor does have a brother in law who owns land on a very popular stretch of river but it is not the green. He is not the only one many of our reps and senators own land with rivers running through them. My favorite comment made by a Rep. this year was " I think hunting and fishing are stupid that’s what welfare is for". So according to the Utah State Legislator and our Governor in these economical hard times rather than let the public access streams that they have had the right to access since before state hood and while paying in to a multimillion dollar a year industry, They would rather we all go on welfare and wrap up all our tax payer dollars in law suites fighting for access to rivers that time and time again has been granted to us by those same courts. Go figure, Utah’s finest at there best.
So if your idea of fishing is spending hundreds of dollars a day to catch fish payed for by those who cant fish for them, on river maintained with those same fools tax dollars by all means please come and do so. I hope you get skunked!
Utah the state of sport…If you can afford it.
really- this kinda stuff amazes me!
there is a constant battle over river rights- here in Oregon as well- and many of the areas i once fished are gated my private owners… and the roads are often maintained w/ tax dollars!?
its a terrible thing when you have to fight for something that should be w/out question!
aquabone.
So UT is now going to be like CO and WY. Crossing UT off my Fishing Destinations list --Too!