water usage

[nymph_pimp]

I need some help please. I went to the upper weber river the other day accessed it from public ground. I hiked in the stream up and was confronted about trespassing. I know the law but would like to have a print out of it with me. Can any one give me a link to the law. So instead of trying to explain it I can hand them a copy of the current law Thanks you guys and gals
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[TS30]

http://caselaw.lp.findlaw.com/scripts/ge...=2008sc_ut


Scroll down to July 18, 2008 Conatser v Johnson and you can print out the PDF version of the case.
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[sinergy]

Just out of curiosity were on the Weber were you ??? I kinda ticks me off that these land owners think they can push people around even when the law is on our side.
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[nymph_pimp]

hey thanks for the link i got it printed out. As far as my location goes up towards the echo area. Nobody was real upset in the situation but he was convinced that hb 187 had gone through. (he claimed a revised one had) I know sounded silly to me to but anyway it was fine just wanted to have it for just that kind of purpose
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[DU_flyfisherman]

I'm new to the state of Utah, so could someone confirm my understanding of the law. We as fly fisherman have the right to wade the river and touch the river bed while fly fishing even if the river/stream/creek crosses private land.
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[nymph_pimp]

You can stay in the high water mark area. Utilizing all of the water for resonable purpose. You must enter the water at a public access, and not cause any unresonable lose to the land owner. Including litter PLEASE USE THIS PRIVLAGE WITH CARE. only takes a few to ruin it for the rest
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[kngfish]

[font "Times New Roman"]I am not a hundred percent sure but I think I am? [/font]
[font "Times New Roman"]Sorry but this statement is wrong. [/font]
[font "Times New Roman"]"You can stay in the high water mark area"[/font]
[font "Times New Roman"]You are only allowed to be in the water, physically touching moving water.[/font]
[font "Times New Roman"]I personally think this is where the confusion begins I am pretty sure I am right but yet I hear people say high water mark all the time and that makes me question my certainty.[/font]
[font "Times New Roman"]I have had people come strutting right up to me with in the high water mark and not in the water telling me its fine after I have spent the extra effort to stay in the water. [/font]
[font "Times New Roman"]I try telling them but its ignorance is bliss.[/font]
[font "Times New Roman"]Some land owners I am aware of that are heavily involved will disagree with high water mark also![/font]
[font "Times New Roman"]Sorry but I could not ignore responding, I would hate to see any one get a trespassing ticket and the last thing I would like to see is having this privilege taken away.[/font]
[font "Times New Roman"]I would like to think I am wrong and it is high water mark but unless you know more then I please stay in the water and or correct me if I’m wrong![/font]
[font "Times New Roman"]See ya on the river'[/font]
[font "Times New Roman"]Kris[/font]
[font "Times New Roman"] [/font]
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[LordoftheFlies]

Can I now fish a stream that runs through a golf course, as long as I follow the stipulations outlined above?
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[kngfish]

[font "Times New Roman"]Just got home from work and had fly fisherman magazine in the mail! [/font]
[font "Times New Roman"]There is an article called “Utah’s fight for your rights” by Schmidt.[/font]
[font "Times New Roman"]Check it out![/font]
[font "Times New Roman"]Yes you should be able to fish the golf course as far as I know[/font]
[font "Times New Roman"]For more info check out: Wildlife.utah.gov/fishing/waters_access.php[/font]
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[riverdog]

Kngfish it's not that either of you guys are wrong. It's just that the issue of high water mark wasn't addressed. The ruling upholds your right to access to the stream and stream bed. Whether this includes up to high water mark like most states hasn't been dealt with. Unfortunately our legislature was more interested in trying to seize this right last session than trying to clarify it for landowners, recreational users and law enforcement agencies.
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[kngfish]

[font "Times New Roman"]You’re very right that was very unfortunate! [/font]
[font "Times New Roman"]As it states on the DWR site:[/font]
“What is the bed of the water body? The Utah Supreme Court did not define what constitutes the bed, but other states interpreting similar access rights define it to include the area within the ordinary high water mark. The best indicator of the ordinary high water mark is the vegetation line on the banks of a water body where topsoil, grass, shrubs, and trees occur in a manner consistent with an area that is not routinely flooded. Since the Court did not specifically define the term "bed," law enforcement agencies across the state may interpret bed more narrowly to include only that portion of the bed actually covered with water.”

So, riverdog this is exactly the type of thing that confuses a person like me…[:/]
No body is wrong?
Please tell me I’m wrong! Its tuff slippin’ and sliding on the river bed all day long.

This brings up a simple Yes OR No question:

Do I have to be touching the water or not?

When I have called DWR and DNR their answer is Yes.

It’s not like I’m going to stray all that far or anything for crying out loud I’m fishing, but it would be nice to walk next to the river or sit up on the rocks when I eat lunch.[]
Thanks!
Kris
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[jigs]

[quote kngfish][font "Times New Roman"]Just got home from work and had fly fisherman magazine in the mail! [/font]
[font "Times New Roman"]There is an article called “Utah’s fight for your rights” by Schmidt.[/font]
[font "Times New Roman"]Check it out![/font]
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I am glad to see this is getting some public press outside of the state. Anyone know were hb 187 stands i havnt heard anything for a while.
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[kngfish]

[font "Times New Roman"]So can anyone answer my simple yet apparently not so simple question?[/font]
Do I have to be touching the water or not?
TS30 in another recent post said as long as your feet are wet? DNR and DWR says as long as your feet are wet, but riverdog is saying nobody is right or wrong? Does that mean to each their own type of thing, find out the hard way if you choose, or what?

I personally believe if everyone could get on the same page it first of all would be a break through but second would add less confrontation and confliction while out flippin’ the stick.
Once again,
Do I have to be touching the water or not?
Yes or No?

I have been adamant and have been emphasizing the importance of staying in the water, if there is no need for that then that would be great but if that is the case I would like to get as many people on board so there is less confusion and they don’t ruin it for the rest of us!
Thanks again!
Kris
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[monsterbrowns]

This was recently explained to me by a DNR officer. He explained that it was NOT the high water mark. At least not the "highest" water mark. In years of flood, the mark gets moved unreasonably high.

He told me to stay out of the grass line running along the riverbed. I interpret that to be as long as I am not above the grass line, I should be OK. I do not interpret that to be "moving water". Although, I would do my very best to stay in moving water when in water adjacent to private land.

I, for one, do not want to have to confront land owners. I do understand their point of view also. I will fish waters as long as it is legal, but I don't want to push the "gray area" just to prove a point.
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[jigs]

thats what i had always thought but were i get is if there is a fallen tree that cant be crossed, or a fence. can you step out of the high water mark and step around it. I know in idaho you can but utah i have never heard a clear answer.
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