The substance of Representative Kay McIff's stream access bill has been released. The bill has been numbered House Bill 141 (HB 141) and is entitled "Recreational Use of Public Water on Private Property."
This bill much more restrictive than other stream access bills that have been previously proposed at the Utah legislature. This bill declares that the Utah Constitution's private property protections do not permit the government to grant a public recreation easement to access public water on private property. The bill is very critical of the Utah Supreme Court's decision in Conatser v. Johnson, and essentially overturns the Conatser decision.
The bill allows very limited public recreational access. Recreational access can be established only if the private streambed has been used by the public for recreational access for at least 10 consecutive years that begin after September 22, 1972. The public use must be continuous, open, notorious, adverse, and without interruption. A person or the Division of Wildlife Resources may bring a quiet title action in court to obtain a judicial declaration of the existence of a right to public recreational access.
This bill is sure to receive strong protest from the fly fishing community.
Click here to read the full text of Representative McIff's bill.
Click here to read about other stream access bills.
(For an update on this bill, click here.)
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Thank you Rep. McIff for supporting landowners with your HB 141. We have been in contact with Senator Kevin Van Tassell and Representative Kraig Powell. They both informed us of your newly introduced bill. Tomorrow I will send you a copy of an email that we are sending out to all Utah Representatives and Senators. We are land owners and do not want "recreationalist" to have access to our private property and keep destroying it and invading our privacy, safety, security and pease of mind. Please keep up the good work. Fisherman are organized and landowners are workers.
Lary & Dottie Winterton
1649 South Center Street
Midway, Utah 84049
435-654-4389
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