Sorry to bring this up.

[doggonefishin]

I just got this from the USAC.



We just received word that the Utah Supreme Court has granted Victory Ranch and the State of Utah's motions to stay Judge Pullan's November Ruling. In short, this means 2,700 miles of rivers and streams are once again closed to public use, effective immediately.

Although we are disappointed in the court's order, it is of the utmost importance that we follow it. Respect private property and obey all "No Trespassing" signs. Our actions must continue to be above board. We'll repeat this very important point:

DO NOT TRESPASS ON PRIVATE PROPERTY WITHOUT PERMISSION.

We also should note that there tends to be a presumption in favor of preserving the status quo during the appeal period in cases like this, so while we are disappointed that this happened, we are not necessarily surprised.

We got through 5 years of restricted access to our rivers, and we can get through however many more it takes before the Utah Supreme Court rules on this issue. We remain confident in our legal arguments before the court, and we will continue to pursue all means possible to restore and preserve access to Utah's public rivers and streams.

Finally, if you are unsettled by this news, and believe in your rights to use the public's resource, make a donation or come to one of our many fundraising events this spring (see sidebar).

Stand strong. Obey the law. This, too, shall pass.

Board of Directors
Utah Steam Access Coalition
info@utahstreamaccess.org
www.utahstreamaccess.org



On goes the battle.
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[robertsitalia]

It's a bummer, but we definitely need to obey the law like our was stated. One of the best things we can do is keep the relationship with the property owners as good as possible, which means not trespassing those that haven't granted access, and making sure the few like on the Weber who have given access are rest assured that anglers are treating their property with respect.
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[dpittmanAF]

Where are most of these "closed" rivers located throughout the state? And yes, always obey private property postings.
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[castnshoot]

Wow, this trespass window did not even stay open as long as the last one did. I hope every one was able to hit those private holes they had been coveting while they had a chance.

Go here for the last hope of doing away with private property for ever.

[url "https://secure.actblue.com/contribute/page/lets-go-bernie?refcode=homepage_main_nav"][/url]https://secure.actblue.com/contribute/page/lets-go-bernie?refcode=homepage_main_nav[/url]
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[morcey2]

[quote castnshoot]Wow, this trespass window did not even stay open as long as the last one did. I hope every one was able to hit those private holes they had been coveting while they had a chance.

Go here for the last hope of doing away with private property for ever.

[/quote]

I must have missed something. Was this about "getting rid of private property forever"? This is about access to navigable waterways consistent with Article 17 of the Utah State Constitution. It has nothing to do with private property outside of that.

Matt
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[castnshoot]

Morcey, It should be about navigable waters, I do agree with that.

The beds of navigable rivers are public property up to the ordinary high water mark, and adjoining private property owners may not interfere with the public’s right to use the river corridor for lawful recreational purposes. These rights on navigable rivers are some of the oldest recognized rights in American Law.

Judge Pulling's ruling was way over reaching. Not even a tenth of the 2700 miles of streams in Utah have any history of being navigable.

He messed up just like the Utah Legislators did 5 years ago by blocking access to those few miles of water ways in Utah that are navigable.
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[Troll]

I don't think that you understand what the term "navigable" means in regards to rivers in the US.

The Weber river is Navigable in fact from it;s headwaters above 1,000 acres ranch to Ogden. The Provo River is navigable in fact from it's headwaters to Utah Lake. The Jordon River is navigable in fact from Utah lake to Salt Lake City. The Sevier river is navigable in fact from it's headwaters to Delta. The green River is navigable in fact from where it enters Utah to the confluence with the Colorado. The bear River is navigable in fact from where it enters the state to Bingham city.

In fact there is not one river in Utah that is not navigable in fact. All rivers were used to float wood from the mountains to the cities. That makes them navigable in fact and makes the beds of those rivers public property.
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[castnshoot]

Troll, you say " In fact there is not one river in Utah that is not navigable ".

USAC's inclusion of information like that in their complaint, and Judge Pulman's acceptance of that kind of
information is exactly why his ruling is setting in front of the Utah Supreme Court right now.
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[Flyfishinglover]

We can always leave a bad review for them to show they don't care about other people in life and their just big fat snobs.
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[Troutbum_kelly]

Our rivers will be ours once again. Just be patient and respectful and don't put bullets in their gun.

T.B
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[riverdog]

The Utah Constitution is consistent with the U.S. Constitution on this issue. So the judge was following the law when he opened access up. And yes it's actually if you can transport logs during any part of a normal year's flow. Ultimately if landowners don't like our laws then they can sell ( a good friend of mine in OR did this) or move to a foreign country. Be patient and obey the stay as multigenerational ignorance, greed and corruption will take time to correct. As a landowner with water frontage on 2 properties I obey American laws and traditions and all are still welcome to access below high water mark- plus I'll cut you some slack as long as you don't cut my fences or leave trash.
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[castnshoot]

Riverdog, Help me out with my ignorance, and let me know how many miles of the 2700 miles of stream bed in Utah "are" navigable.
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[riverdog]

The question is only relevant with the legal access of water on private property. Most waters on public property is accessible. You could at least include the number of miles of stream that flows through public property to show you have any grasp of the issue. Let me know when you figure that out or if you have a serious question about a spefiic stream flowing through private property to ask? Then at least know I'm not wasting my time responding to Green Eggs and Ham Ted Cruz type of nonsense.
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[Troll]

The amount that at anytime before statehood, January 4, 1896 that any goods were floated upon or was used for transportation.
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[castnshoot]

Riverdog, I am sure you and I have had some thoughtful and respectful debate on this whole right to trespass issue in the past.

I have always agreed that there is a right of trespass on navigable waters in Utah just like it is the case in most states.

Troll who seems to agree with both you and USAC's point of view sated in a couple of threads above that " In fact there is not one river in Utah that is not navigable ".

Just because a piece of water in Utah has the word river behind it does not cause it to ever have been used for commerce transport.

It is likely that Judge Pullman understands this and was fully aware that his ruling would be reviewed by a higher court.

USAC's trying to access trespass on every dribble of water in Utah, is trying to secure something that never was the case in Utah.

Also I am sure that it was "not" multi-generational ignorance, greed and corruption that make you sate that you can "cut you some slack as long as you don't cut my fences or leave trash",,as it pertains to trespass on your own multi-able stream side property s.

Now I have to Cruz into the kitchen and make some Green Eggs and Ham.
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