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I say we do get involved. Bret is also a ff so I know he will be putting in some serious attention on this.
Unfortunately, for every 50 respectable anglers....it only takes on that isn't to ruin it for all.
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I saw that too. Unfortunately the article lacked any details about what is being considered. I'm not a legal expert in this area but if they make the law too restrictive it may not hold up in courts. You have to remember the basis of these rights goes back to prior to the U.S. becoming a country and have been continously in effect. The stream access has always been your legal right. The Utah Supreme Court upheld this right last year as well as in the 1970's. What some landowners were doing to restrict access was and always has been illegal. Unfortunarely if a restrictive law is passed it will restrict access unless someone pushes it back to the courts (and go through the bozos at the county level first who will side with the landowners rather than follow the actual legal basis for this. And then have to appeal to the State Court) and they throw out all or part of the law. I actually own land that has a huge high water mark and I have never tried to restrict access even before the Utah Supreme reaffirmed this. I'm just not going to commit the crime even if no one is prosecuted for it. I'm pretty sure I've read things about Federal Courts weighing in on this issue many times in the past and upholding stream access as well. If there are any legal experts out there who want to correct my interpretation of this issue please do so.
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Now I know nothing about this State Rep. Ferry or even what his bill is proposing but I hope he is smart enough not to do something that is going to try to restrict our access. Hopefully it'll just be a reasonable clarification of what's allowed. Anything else would infringe our rights and end up costing us taxpayers if it goes to court.
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Hopefully they make a fair decision I thought these last few months with the access to private flows went pretty well
I try to look it from both point of views Ranchers & Private Landowners should have the right to do what they want. I mean I wouldn't want to government telling me who can or cant access my property.
but at the same time these rivers were put here by mother nature and meant to be share by ALL.
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I hope they make it fair as well, I think anyone who buys land attached to a waterway, should understand that there will be open access to water users, I probably will never be able to afford land that is on a nice stretch of water and I wouldn't want to see access limited only to people that can afford to do so.
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Let your state senator and representatitve know how you feel about this. Find out who yours is at this link and write him/her about it.
[url "http://le.utah.gov/maps/amap.html"]http://le.utah.gov/maps/amap.html[/url]
There seems to be a groundswell of support pushing to keep our access rights. It looks to be a tough legislative fight, but one we may be able to win.
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Thanks for the link. If anyone hears about the details of this bill be sure to let us know.
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The proposed bill is not a simple "clarification" of the rights, but a major restriction. Entire waters are going to be taken from us if we don't get involved, and get EVERYONE we know involved as well.
Please, contact your representative. Contact your senator. Let them know this isn't an acceptable restriction of our rights. Also, get everyone you know to do the same. We are in serious danger of losing the rights we gained (always had!!!!) in Conatser last summer.
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I heard it took about 7 years for that bill to get passed in the first place. I have a feeling it would take that long if not longer to get everybody to agree on these issues. POOR LANDOWNERS. HAPPY ME.
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[quote FOD]I heard it took about 7 years for that bill to get passed in the first place. I have a feeling it would take that long if not longer to get everybody to agree on these issues. [/quote]
I would not count on this to be the case. There is an extremely powerful lobby supporting this. This has a legitimate chance of becoming law this session.
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OH, I wont count on it. Anything can happen, I'll just go with the flow but I do have a point.
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What bill are you talking about getting passed that took 7 years? The statute that is in danger, which grants the public ownership of all waters in Utah, has been on the books forever. It was only a court case that defined it specifically.
Courts and the appeal process works very differently than the inception of a bill. Once the bill hits the floor, we'll have 48 hours until they vote on it. Just a head's up to hopefully help everyone realize these really are dire straights when it comes to our rights. Make your voices heard!
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sorry TS30 I should not have added anything to this i MIGHT BE thinking about something else. My bad
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FOD,
No reason to apologize man. It's about discussion and dialogue. I hope everyone who is interests comments, even if they disagree with me. Dialogue will get all the facts out there so everyone can make a decision for themselves.
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