03-11-2010, 01:34 AM
WB,
You miss one key point the water is not private and never has been. Do a little research on the history of waterways in the United States and especially Utah. The waterways are public, the landowner doesn't own the water. Landowners acting like they owned the waterways were acting illegally to keep people off. They had no more right to keep someone off the waterway than you do to keep people off a public road in front of your property. Doesn't mean anyone has the right to cross your property to reach the waterway or road unless a public easement existed. Yes people that pollute your land from a public waterway or road are a problem. Much more so from those accessing your property from public roads than waterways. You can't close the public road why should you be allowed to close the public waterway. I'm not a legal expert but I've heard from others the Utah Constitution outlines that waterways are public. This is another reason, no matter where you stand on the issue, that this is a bad law. There appears there is a valid argument this law is unconstitutional. So if you want to basically turn public waterways into private you would have to amend the Utah Constitution. It might not hold up in Federal Courts but that is where to start. Given that this wasn't done properly it will waste a lot of money in public legal fees. I feel lawyers are rich enough and I rather my tax dollars not enrich them further because many Utah House and Senate members are ignorant of the issues involved. So while it will take time it likely will not stand long term. If Utah loses it won't be appealed to higher courts because all the Federal precedents for the past 150 years have found seizures of public waterways illegal as well.
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You miss one key point the water is not private and never has been. Do a little research on the history of waterways in the United States and especially Utah. The waterways are public, the landowner doesn't own the water. Landowners acting like they owned the waterways were acting illegally to keep people off. They had no more right to keep someone off the waterway than you do to keep people off a public road in front of your property. Doesn't mean anyone has the right to cross your property to reach the waterway or road unless a public easement existed. Yes people that pollute your land from a public waterway or road are a problem. Much more so from those accessing your property from public roads than waterways. You can't close the public road why should you be allowed to close the public waterway. I'm not a legal expert but I've heard from others the Utah Constitution outlines that waterways are public. This is another reason, no matter where you stand on the issue, that this is a bad law. There appears there is a valid argument this law is unconstitutional. So if you want to basically turn public waterways into private you would have to amend the Utah Constitution. It might not hold up in Federal Courts but that is where to start. Given that this wasn't done properly it will waste a lot of money in public legal fees. I feel lawyers are rich enough and I rather my tax dollars not enrich them further because many Utah House and Senate members are ignorant of the issues involved. So while it will take time it likely will not stand long term. If Utah loses it won't be appealed to higher courts because all the Federal precedents for the past 150 years have found seizures of public waterways illegal as well.
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