Registered: 12/30/07
Posts: 74
Loc: American Fork, Utah
Just found out that Utah HB141 passed into law yesterday. It is a sad day in Utah.
From the article
Quote:
Two years ago, the state Supreme Court ruled that because state law declares that all water is public property, the public has an easement to play in the water and touch the stream beds that lie beneath, even if they are privately owned. That means folks can use the public water to swim, boat, fish, wade, hunt, and touch privately owned stream beds as long as they don't injure the landowner unnecessarily.
This expansive ruling gave the public recreational access to any stream, lake, pond or puddle in the state, regardless of who owns the land around or beneath them, so long as folks use a public access point to enter the stream.
This is no longer the case, and now around 55% of the streams in Utah are closed off to the public, unless the landowner decides to give them rights to use the stream.
_________________________
A tent is a bad place for an argument, because when you are angry you walk out and slam the flap. How are you supposed to express your anger in this situation? Zip it up really quick? ~Mitch Hedberg
hikerduane
member
Registered: 02/23/03
Posts: 2124
Loc: Meadow Valley, CA
I agree with the ruling, unless there is public access, stay off. Just because land has water on it or flowing thru it, doesn't give people a right to use it. If you want to utilize a creek/stream/lake, buy the land that is associated with it. Just be aware, they are prone to flooding. Are you going to help foot the bill when the land is flooded, or washed away and needs rehab? If I see feature on a piece of land, do I have a right to climb it, touch it or whatever? Seems my logic would apply to more than just water. Why just pick out water?
Registered: 12/30/07
Posts: 74
Loc: American Fork, Utah
Just FYI, it doesn't give you access to the land that is privately owned. Just the stream. Meaning that if you are fishing down a stream, and the stream goes through private property, you can wade the stream, you still can't go use the land.
Not sure about where you live, but a vast majority of the streams here run over a significant amount of privately owned land.
_________________________
A tent is a bad place for an argument, because when you are angry you walk out and slam the flap. How are you supposed to express your anger in this situation? Zip it up really quick? ~Mitch Hedberg
hikerduane
member
Registered: 02/23/03
Posts: 2124
Loc: Meadow Valley, CA
In that case I agree. A fisherperson can wade down a creek/stream to fish etc. They would have to access it from public land. I live in CA, have a creek flowing across one end of my small piece of earth, meanders on property line with owner on other side of creek. I get jealous, will go talk to someone who I see on my land, if all is ok, I leave them alone. Just ask they leave it as they find it, no moving rocks etc. Reminds me about the Indians selling Manhattan. They believed no one owned the land, thought they got the best end of the deal.:)
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