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Awesome news! I've been really anxious waiting for a decision.
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YES !!! What a Great Victory !!! Kudos to the Utah Stream Access Coalition and Judge Pullman for recognizing the illegitimacy of HB141
Great Job guys
Sidenote: anyone know if this take immediately or when it might take effect ?
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Here is a link to a story about the ruling on the Tribune:
[url "http://www.sltrib.com/news/3141689-155/judge-invalidates-law-says-utahs-trout"]http://www.sltrib.com/news/3141689-155/judge-invalidates-law-says-utahs-trout[/url]
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May have to go give Victory Ranch a try.
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This is wonderful news. Growing up and fishing in Idaho, this was the hardest thing for me to deal with moving to Utah. I was use to staying below the high water mark and being able to fish any water in Idaho. When this law was passed it was very frustrating. I'm very excited to see that it will be changing.
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So when does it actually happens?and now there's no private property?
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It happened last week. The ruling was made and took effect instantly.
Nothing at all has changed concerning private property in regards to this ruling. Private property is still private property, even the private property that lies beneath the water flowing over it.
All that happened is that the courts affirmed the easement for the public to the waters and their use. The public can now use the water ways and one of the ways they can do that is recreation, of which fishing is considered a part of. They can also use it for travel and commerce, all without landowner permission.
What they cannot do is to trespass on the non-streambed portion of private property. They must stay within the Ordinary High Water Mark, (OHWM). They must access the streambed from public property, like a bridge. Then they must stay in the streambed and must exit the streambed at a public access point.
So be nice, don't be obtuse, show respect to the landowners. If they challenge you be nice. Explain what happened, don't get loud or belligerent. If they call the police explain to the officer what the court ruled. If they tell you to leave you will have to chose between leaving or getting a ticket and fighting that in court.
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[quote aspiringflymstr]This is wonderful news. Growing up and fishing in Idaho, this was the hardest thing for me to deal with moving to Utah. I was use to staying below the high water mark and being able to fish any water in Idaho. When this law was passed it was very frustrating. I'm very excited to see that it will be changing.[/quote]
Same thing for me. Grew up in Idaho fishing out of Idaho Falls and the way it was here just made me shake my head.
Colorado was even worse. There the water under the water is the private and no easement unless its navigable so all of the streams end up being private. Those that aren't private get fished so hard that it almost wasn't worth your time.
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Oh Geez, Ya I guess it could be worse and we should be grateful for what we have. Idaho Falls huh? I grew up in Pocatello, I miss fishing the South fork of the Snake, so many good memories there.
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Actually transferred from Provo to Rexburg so I could fish more. My dad has a 21' jet that we would have on the water at least twice a week during the summer and fall. Got cast and blast? But we actually found a place closer to your home town with less people, and a lot more big fish per fish caught. If you still fish up that way PM me when your headed up and Ill share it with you, may already know it, but not many fish it.