Utah Legislature: Access restriction on private waterways still undecided

SALT LAKE CITY — Lawmakers have moved to restrict access by outdoor recreationists to waterways on private property, but a delayed implementation date will buy time for the conflict to be resolved, and it is likely a task force will study the issue.

A tug of war between the two competing interests — those who want to fish, boat and raft the streams and rivers and those who own the land where the water flows — has been gurgling all legislative session as the result of a Utah Supreme Court decision.

Legislators have been trying to fix what they say are wide open holes left by the judiciary on when it is considered trespassing and when private property rights trump access to public waterways.

A conservative approach to the issue, HB141, has passed both legislative bodies but doesn't have an effective date until May 2011. Sponsored by Rep. Kay McIff, R-Richfield, it favors land owners over recreationists and puts in place protections against property damage and liability should injuries occur. It also requires permission for recreationists in certain circumstances.

McIff's bill has raised objections from recreational groups that fear it goes too far. In the meantime, another measure, sponsored by Sen. Dennis Stowell, R-Parowan, creates a task force of legislators to study the conflicts between the two groups before McIff's bill takes effect. It will be made up of 12 legislators selected by Senate and House leadership.

Powell's bill passed on the Senate floor Wednesday and goes to the House for consideration.

e-mail: amyjoi@desnews.com