02-25-2009, 10:06 AM
[font "Verdana"][#ff0000]I e-mailed all the Representatives on the Ut Natural resources committe, my Senator, P Knudson, my Rep, C. Webb, Jim Karpowitz, Walt Donaldson, and Gov Huntsman. This may not be in the best form but here are some examples of replies i have received. It's a struggle but I want you to see we can and are making a difference with this thing. We still have a lot of work to do so don't let up! One thing I think we need to change in the bill if we can't kill it all together is this lame idea of a committee to add waters in the future. Let's deal with it now. I don't see many natural waterways opening up in Utah in the next 100 years. Is it just me or is it a bureaucratic ploy to pacify? The DWR doesn't seem to have any functional voice now and my confidence is close to zero that this board will have any impact other than to spend your tax dollars in the future. Anywho here are some sample replies.[/#ff0000][/font]
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Thank you for your letter concerning HB-187. I appreciate your thoughts and passion concerning the matter.
I voted against the bill in committee Friday because I feel that the amount of confusion and conflict surrounding the matter deserves further study before any legislation is passed. I plan to continue my opposition to the bill as it makes its way onto the floor.
Thanks again for your concerns.
Rep. Phil Riesen
Dist. 36
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My name is Martin Bushman and I am an Assistant Attorney General for the State of Utah. Due to the legal nature of your comments, I have been asked to respond to your February 5, 2009 e-mail to Governor Huntsman concerning HB 187 and recreational access in public waters.
First, thank you for expressing your concerns over the limited number of waters designated in HB 187 as subject to the recreational easement recognized by the Utah Supreme Court in Conatser v. Johnson. Many others share your feelings. Although HB 187 identifies a relatively small number of waters open to recreational access, it also provides a process for adding new waters to the list. The Bill creates a Recreational Access Board charged with responsibility to consider petitions submitted by the public to include additional waters that meet specified legal criteria. After arriving at a determination on a given petition, the Board then makes recommendations to the Legislature to add waters to the list. Through this process, we anticipate the list of waters accessible to the public for recreational purposes to grow.
The bill is certainly not perfect, but it does attempt to strike a balance between recreational access rights and private landowner rights. Several key aspects of the bill are concerning and need to be addressed. Efforts are currently underway with Representative Ferry to reconcile them. Recreationists should likewise discuss their concerns with Representative Ferry while there is still time to amend the bill.
Should you have any questions or need additional information, please do not hesitate to contact me.
Thank you.
Martin Bushman
Utah Attorney General's Office
1594 West North Temple, Suite 2110
Salt Lake City, Utah 84114
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the DWR has and is a strong advocate for getting angler access to waters on private ground. Unfortunately, there are a lot of rumors going around on HB187 that are simply not true. The State Supreme Court ruling on Conatser this past summer defined that anglers had a right to recreation on streams flowing through private land based on state statue (legislative authority), not state constitutional law. Some folks were pleased with this ruling, while others were not. (Note that it does not affect access to streams on federal or state lands that were and are open to the public prior to the ruling.)
If you will go to the DWR's website at [url "wlmailhtml:{929D8C6E-2421-4EDA-BD8C-428B3A65ABB4}mid://00000072/!x-usc:http://www.wildlife.utah.gov/fishing/waters_access.php"]www.wildlife.utah.gov/fishing/waters_access.php[/url] , you can obtain more information on HB187. The DWR is still in contact with angling groups and the bill's sponsor on issues of concern. As such, we strongly encourage you to contact your legislator and express your views on this matter.
Thank you for taking the time to ask about this issue.
Walt Donaldson
[url "mailto:WaltDonaldson@Utah.gov"]WaltDonaldson@Utah.gov[/url]
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As you have said, this is a classic conflict between access rights and property rights. I'm watching it closley. I know that the parties are looking for a reasonable compromise. I realize that "reasonable" is a debatable term.
Rep. Webb
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Thank you for your letter concerning HB-187. I appreciate your thoughts and passion concerning the matter.
I voted against the bill in committee Friday because I feel that the amount of confusion and conflict surrounding the matter deserves further study before any legislation is passed. I plan to continue my opposition to the bill as it makes its way onto the floor.
Thanks again for your concerns.
Rep. Phil Riesen
Dist. 36
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My name is Martin Bushman and I am an Assistant Attorney General for the State of Utah. Due to the legal nature of your comments, I have been asked to respond to your February 5, 2009 e-mail to Governor Huntsman concerning HB 187 and recreational access in public waters.
First, thank you for expressing your concerns over the limited number of waters designated in HB 187 as subject to the recreational easement recognized by the Utah Supreme Court in Conatser v. Johnson. Many others share your feelings. Although HB 187 identifies a relatively small number of waters open to recreational access, it also provides a process for adding new waters to the list. The Bill creates a Recreational Access Board charged with responsibility to consider petitions submitted by the public to include additional waters that meet specified legal criteria. After arriving at a determination on a given petition, the Board then makes recommendations to the Legislature to add waters to the list. Through this process, we anticipate the list of waters accessible to the public for recreational purposes to grow.
The bill is certainly not perfect, but it does attempt to strike a balance between recreational access rights and private landowner rights. Several key aspects of the bill are concerning and need to be addressed. Efforts are currently underway with Representative Ferry to reconcile them. Recreationists should likewise discuss their concerns with Representative Ferry while there is still time to amend the bill.
Should you have any questions or need additional information, please do not hesitate to contact me.
Thank you.
Martin Bushman
Utah Attorney General's Office
1594 West North Temple, Suite 2110
Salt Lake City, Utah 84114
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the DWR has and is a strong advocate for getting angler access to waters on private ground. Unfortunately, there are a lot of rumors going around on HB187 that are simply not true. The State Supreme Court ruling on Conatser this past summer defined that anglers had a right to recreation on streams flowing through private land based on state statue (legislative authority), not state constitutional law. Some folks were pleased with this ruling, while others were not. (Note that it does not affect access to streams on federal or state lands that were and are open to the public prior to the ruling.)
If you will go to the DWR's website at [url "wlmailhtml:{929D8C6E-2421-4EDA-BD8C-428B3A65ABB4}mid://00000072/!x-usc:http://www.wildlife.utah.gov/fishing/waters_access.php"]www.wildlife.utah.gov/fishing/waters_access.php[/url] , you can obtain more information on HB187. The DWR is still in contact with angling groups and the bill's sponsor on issues of concern. As such, we strongly encourage you to contact your legislator and express your views on this matter.
Thank you for taking the time to ask about this issue.
Walt Donaldson
[url "mailto:WaltDonaldson@Utah.gov"]WaltDonaldson@Utah.gov[/url]
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As you have said, this is a classic conflict between access rights and property rights. I'm watching it closley. I know that the parties are looking for a reasonable compromise. I realize that "reasonable" is a debatable term.
Rep. Webb
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