Recently there was a law passed about the high water mark? being a part of the river and that land owners have to permit fisherman to fish the river as long as they stay in that area unless obstructed for which they can walk around the obstruction (if I read it right). Does this include indian land or would it still be trespassing and require a permit?
I'm hoping someone knows somebody who can answer this for me. I don't do much river fishing but I have some spots that I know hold some big fishies.
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Sorry but that has to be federal land not state...
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It's only for private property, and only allows for access at public property points. No Indian trust lands. If your thinking of trying to go into tribal lands and fish without the proper permit, you're gonna get into a heap-o-trouble. Just buy the permit from the tribe and go have fun.
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Are you saying that the indian land is federal therefore a federal law omits a state law? If I remember anything from high school that is correct.
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No one can go on indian land unless okayed by the indians....
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Thanks for clarifying, I pay enough to the state. I don't need to pay others.
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So, this new law... can you tell us where to find it and read about it? Does the law state that, for instance, you can now enter the Weber or south fork of the Provo at a public access point and wade the river through private property?
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It is not a new law. It is an old law that was clarified by the Utah Supreme Court.
Yes, you can enter the Weber or Provo River at any public access point, and wade up and down the river anywhere you want, including through private property, as long as you stay in the river.
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[quote fsh4fun05] Recently there was a law passed about the high water mark? being a part of the river and that land owners have to permit fisherman to fish the river as long as they stay in that area unless obstructed for which they can walk around the obstruction (if I read it right). Does this include indian land or would it still be trespassing and require a permit?
I'm hoping someone knows somebody who can answer this for me. I don't do much river fishing but I have some spots that I know hold some big fishies.[/quote]
[size 4][font "Comic Sans MS"][#800000]To clarify, there was NO new law passed. The Utah Supreme Court (USC) decided a court case on appeal. The court decision clarified existing law. There was NOTHING said about ‘high water mark’ in the decision.[/#800000][/font][/size]
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[size 4][font "Comic Sans MS"][#800000]What the USC did was decide it is okay for a fisherperson to actually touch the streambed while fishing a stream (creek, river, etc.) that flows through private property. Again, ‘high water mark’ was not referenced in the decision. To be absolutely sure of your right to use the stream, a prudent person would keep both feet in the water unless going around an obstacle that can not be passed in the water. The decision DID say you can do that.[/#800000][/font][/size]
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[font "Comic Sans MS"][#800000][size 4]Indian lands belong to the Indians, not the government. Trespass is regulated by the Indians, not the government. The USC decision DOES NOT apply to Indian lands.[/size][/#800000][/font]
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Here is a link to the decision.
http://www.utcourts.gov/opinions/supopin...071808.pdf
Re: "you can now enter the Weber or south fork of the Provo at a public access point and wade the river through private property?"
Basically, yes, BUT you cannot leave the stream bed.
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I forgot about this post [crazy]. What if there is an obstruction that denies access through the streambed? (I could read the article but I'm lazy I suppose[blush])
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The initial decision clarified that it was not only ok to touch the streambed (no mention if there has to be water covering it) and to go around objects that block it while FLOATING
This was not good enough for the people who appealed the decision.
The court then decided that not only could people touch the streambed (again no mention of water) for any recreation that is lawful and does not cause the owners land to be devalued if access is achieved at a public place.
What does it mean? That will take more lawsuits to decide.
For me, the streambed is just that, the area of land that the stream flows over during it's normal life (average high water mark, not high water mark). It does not have to be covered by water at the time I am there.
Devalued? If I am a land owner who leases exclusive rights to fish my land, you being there devalues that lease and therefore the land.
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You are allowed to walk around the obstruction.
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