Tuesday, October 4, 2011

Utah Stream Access Coalition - Motion for Summary Judgment

A quick update on the Provo River stream access lawsuit between Utah Stream Access Coalition and ATC Realty Sixteen Inc.

First, there have been a few changes in the parties to the lawsuit. The State of Utah has agreed to intervene and defend against the Coalition's constitutional challenges to House Bill 141 passed by the Utah Legislature in 2010. In exchange, the Coalition has agreed to dismiss the Utah Division of Wildlife Resources, the Utah Division of Parks and Recreation, and Sheriff Todd Bonner as defendants.

Second, the Coalition has filed a Motion for Summary Judgment (in essence, a motion for the court to rule in the Coalition's favor without going through a trial). In the Motion, the Coalition argues that HB 141:

  • "Violates the public's constitutional right to use Utah's natural waters for all recreational activities that use the water and to touch the privately-owned beds of such water in ways incidental to those uses."

  • "Violates Article XX, Sect. 1 of the Utah Constitution" (public lands held in trust for the people)

  • "Violates Article V of the Utah Constitution" (distribution of powers between the three branches of government)

  • "Violates the public trust doctrine" (the principle that public resources should be managed by the government for the benefit of the people)

  • I have a copy of the Motion for Summary Judgment, and I would be happy to email a copy to anyone who is interested. Click here for my email address.

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