07-25-2008, 03:19 PM
Official supreme court ruling!!!!!!!!!!!![fishin]
More stream sections in Utah are now open to fishing and other recreational activities because of a recent Utah Supreme Court ruling.
Until last week Utah law held that the water in most streams belongs to the public, but the land under the water could be owned and controlled by private landowners. For instance, some sections of the Provo River flow through private property. Anglers were allowed to fish the private sections if they did not touch the land - they could float and fish but not wade and not touch the shoreline.
But last week the court ruled reasonable public use of the water must include the right to touch the riverbed between the high water marks. The court ruled:
"The public has a right to float, hunt, fish and participate in all lawful activities that utilize state waters. The practical reality is that the public cannot effectively enjoy its right to 'utilize' the water to engage in recreational activities without touching the water's bed."
Anglers must still enter and exit the riverbed at public access points - they can't trespass across private land.
Ray Grass explains some of the implications of the ruling in [url "http://deseretnews.com/article/1,5143,700245328,00.html"]this Deseret Morning News article[/url].
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More stream sections in Utah are now open to fishing and other recreational activities because of a recent Utah Supreme Court ruling.
Until last week Utah law held that the water in most streams belongs to the public, but the land under the water could be owned and controlled by private landowners. For instance, some sections of the Provo River flow through private property. Anglers were allowed to fish the private sections if they did not touch the land - they could float and fish but not wade and not touch the shoreline.
But last week the court ruled reasonable public use of the water must include the right to touch the riverbed between the high water marks. The court ruled:
"The public has a right to float, hunt, fish and participate in all lawful activities that utilize state waters. The practical reality is that the public cannot effectively enjoy its right to 'utilize' the water to engage in recreational activities without touching the water's bed."
Anglers must still enter and exit the riverbed at public access points - they can't trespass across private land.
Ray Grass explains some of the implications of the ruling in [url "http://deseretnews.com/article/1,5143,700245328,00.html"]this Deseret Morning News article[/url].
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