11-27-2012, 12:40 AM
[quote FishSlayer2112]
If you believe this then you are in for a whole lot of trespassing tickets. You can float through private property, but the moment your foot touches the stream bed, you are trespassing.[/quote]
Take the time to read the Conatser decision by the Utah Supreme Court. HB141 has little to no chance of surviving constitutional muster. It is working its way through the courts as we speak. If any tickets are given fight them and they will likely be put hold until the courts rule again. From Conatser the stream bed is considered a public easement. Conatser dealt directly with the Weber River. Additionally, just because somebody purports to have authority to put people on notice of trespass does not mean they actually do. That is also another legal determination that is ripe with gray areas. You may be in for a whole lot of trespassing tickets, however, they are all likely invalid so long as you remain in the stream bed.
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Quote:The fact that "the public has an easment on the land which the stream flows over" grants them permission to walk up the high water mark of the river because that is public domain
If you believe this then you are in for a whole lot of trespassing tickets. You can float through private property, but the moment your foot touches the stream bed, you are trespassing.[/quote]
Take the time to read the Conatser decision by the Utah Supreme Court. HB141 has little to no chance of surviving constitutional muster. It is working its way through the courts as we speak. If any tickets are given fight them and they will likely be put hold until the courts rule again. From Conatser the stream bed is considered a public easement. Conatser dealt directly with the Weber River. Additionally, just because somebody purports to have authority to put people on notice of trespass does not mean they actually do. That is also another legal determination that is ripe with gray areas. You may be in for a whole lot of trespassing tickets, however, they are all likely invalid so long as you remain in the stream bed.
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