Last summer the Utah Supreme Court ruled that all streams in Utah are legal to access as long as a person stays in the river bed. The ruling effectively opened the states rivers to public recreation on private stream beds, though people cannot trespass across adjacent private lands to get to the streams. This is easily the greatest improvement to hunting/fishing that has ever happened in Utah. Not surprisingly, big agriculture,developers,farmers and homeowners who live near streams are are not happy with the ruling and are working in the legislature right now to remove the law. HB 187 would close many private stream beds to public recreation. Such a taking of public rights is wrong and the Legislature should reject it. Here is what I know so far: A powerful Rep from Coalville (Mel Brown) is working to completely remove the law. A powerful Rep from Box Elder County (Ben Ferry) is working toward a compromise bill that allows big landowners an exemption from the law, but lets us fish in rivers that are listed as navigable. There are very few rivers that are listed as navigable, so this is not good either. These bills are held in the protected bill file in the legislature, which means that no one can have access to what they say or what they intend to accomplish. This allows the sponsors to gather support in backdoor meetings and trade-offs, then they can spring it for vote at the last minute and get it passed before most reps know what it's ramifications are. Very tricky. Our best hope is to mount a pre-emptive strike by contacting our representatives now and have them ready to defeat any attempt to water down or repeal the stream access law when it is sprung upon them. It is a classic landowner/developer vs. common man fight and we are not in the power position. Please ask your representative to protect you from the special interests of the rich and maintain our right to access public waters to pursue public wildlife.
HB187 limits the public streams available for recreational use that are located on or adjacent to private property. Only the (17) stream segments listed on the bill are open to such recreational use.
HB187 even if a stream is on the approved list, a homeowner whose year round residence is within 500 feet of a stream can close it to fishing simply by posting a notice.
HB187 if a stream were located within a city and four or more homes were located within 150 yard segment of the stream and each was within 100 feet of the stream bed, it could be removed from the list.
HB187 has been under wraps until this week (2-15). There has been virtually no public comment.
Goal: To keep and protect our rights to public lands and waterways.
Goal: To get public comments welcomed and push legislature to make a public vote.