11-24-2012, 07:09 AM
Sure hope you don't get a ticket.
The tenth amendment allows each state's legislature to write laws regulating access to waters that are "NOT" navigatable.
Most streams and rivers are not considered navigatable in Utah.
To circumvent this you must show" Beneficial Use" under "Public Trust".
For the most part only three things have been recognized as being "Beneficial Use".
Farming, Grazing, & Mining.
Fishing and recreating do not constitute "Beneficial Use" under the laws of "Public Trust".
The majority of the states have there access laws set pretty much the way Utah's access laws are set now. Not all, some state legislatures grant more liberal access.
There was a 19 month window where a court ruling did allow high water access on all waters in Utah. The Utah legislature considered the the ruling to be over reaching, bring about the much hated HB-141. So now things are back the way they pretty much have always been in Utah. As far as stream access law.
I hope people don't get misled by the so called over turning of HB-141 posted above. All that does is opens the door for negotiations between the plaintifs and the state to determine the navigatability of some rivers in Utah. Also some arguments may be allowed as to the states defanition of "Beneficial Use"
The most fishermen in Utah can hope for is more access to portions of 3 or 4 larger rivers. That is unless there is a big change in the state legislature.
[signature]
The tenth amendment allows each state's legislature to write laws regulating access to waters that are "NOT" navigatable.
Most streams and rivers are not considered navigatable in Utah.
To circumvent this you must show" Beneficial Use" under "Public Trust".
For the most part only three things have been recognized as being "Beneficial Use".
Farming, Grazing, & Mining.
Fishing and recreating do not constitute "Beneficial Use" under the laws of "Public Trust".
The majority of the states have there access laws set pretty much the way Utah's access laws are set now. Not all, some state legislatures grant more liberal access.
There was a 19 month window where a court ruling did allow high water access on all waters in Utah. The Utah legislature considered the the ruling to be over reaching, bring about the much hated HB-141. So now things are back the way they pretty much have always been in Utah. As far as stream access law.
I hope people don't get misled by the so called over turning of HB-141 posted above. All that does is opens the door for negotiations between the plaintifs and the state to determine the navigatability of some rivers in Utah. Also some arguments may be allowed as to the states defanition of "Beneficial Use"
The most fishermen in Utah can hope for is more access to portions of 3 or 4 larger rivers. That is unless there is a big change in the state legislature.
[signature]