From the Denver Post. This is an epic decision in favor of anglers. Though it is already being attacked in Utah it sets a precedent and provides more ammunition to anglers in other states. Fish it all.-BW
Utah Supreme Court Delivers Some Clarity on River Access
by Jason Blevins on July 23, 2008
Last week, Colorado’s river access law was as murky as Utah’s. According to both Colorado and Utah laws, if a river through private property was navigable, you could float through. But you could not touch the river bottom or the banks, which was part of the landowner’s property. The water is public, the dirt and rocks beneath it is private.
Those unclear access laws created lots of arguing. What if a boater needed to get out and scout a rapid? What if their boat scraped a rock in the river? Is that trespassing?
While Colorado lawmakers have shied away from sculpting regulations or rules that could end the uncertainty, Utah’s Supreme Court this week weighed in, delivering some much-needed clarity to Utah’s river-access law. And it’s not going to make landowners happy.
The Court on Tuesday ruled that the public could walk on stream beds flanked by private property.
From the ruling:
“We hold that the scope of the easement provides the public the right to float, hunt, fish, and participate in all lawful activities that utilize the water. We further hold that the public has the right to touch privately owned beds of state waters in ways incidental to all recreational rights provided for in the easement, so long as they do so reasonably and cause no unnecessary injury to the landowner.”
That means anyone can wade through a river bordered by private property, so long as they do not leave the bed of the river and gained access to the river through a public right-of-way, like a bridge or defined access point. Yeah, landowners with pristine fishing habitat are gonna love that.
What the Utah Court did not define was where a stream bed begins and ends. In Montana, the definition as the stream’s “high water mark” has essentially opened all streams to strolling fishermen and hikers, irking private property owners to no end.
But at least they are doing something in Utah.
Utah Supreme Court Delivers Some Clarity on River Access
by Jason Blevins on July 23, 2008
Last week, Colorado’s river access law was as murky as Utah’s. According to both Colorado and Utah laws, if a river through private property was navigable, you could float through. But you could not touch the river bottom or the banks, which was part of the landowner’s property. The water is public, the dirt and rocks beneath it is private.
Those unclear access laws created lots of arguing. What if a boater needed to get out and scout a rapid? What if their boat scraped a rock in the river? Is that trespassing?
While Colorado lawmakers have shied away from sculpting regulations or rules that could end the uncertainty, Utah’s Supreme Court this week weighed in, delivering some much-needed clarity to Utah’s river-access law. And it’s not going to make landowners happy.
The Court on Tuesday ruled that the public could walk on stream beds flanked by private property.
From the ruling:
“We hold that the scope of the easement provides the public the right to float, hunt, fish, and participate in all lawful activities that utilize the water. We further hold that the public has the right to touch privately owned beds of state waters in ways incidental to all recreational rights provided for in the easement, so long as they do so reasonably and cause no unnecessary injury to the landowner.”
That means anyone can wade through a river bordered by private property, so long as they do not leave the bed of the river and gained access to the river through a public right-of-way, like a bridge or defined access point. Yeah, landowners with pristine fishing habitat are gonna love that.
What the Utah Court did not define was where a stream bed begins and ends. In Montana, the definition as the stream’s “high water mark” has essentially opened all streams to strolling fishermen and hikers, irking private property owners to no end.
But at least they are doing something in Utah.
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