From Deseret News archives:

Task force mulls stream access for anglers, how to fund

Idea is to balance rights of landowners, use of public waters

Published: Friday, June 25, 2010 12:39 a.m. MDT
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COALVILLE — Arlin Judd has never restricted access to anglers who want to fish on his property. For years, they have crossed his grass hay field to access 1,800 feet of prime Weber River fishing.

The problems weren't unbearable: The gate was left open. Judd found trash on his property.

But since Judd joined the Division of Wildlife Resources Walk-in Access program, those problems have gone away.

Judd gets about $600 a year from the division as compensation for the use of his property, the division has installed a registration box at the entrance point to his property, and Judd's property is identified on an interactive map in the division's website: wildlife.utah.gov/maps/stream_access.

And he can opt out at any time.

Division director Jim Karpowitz would like to implement the Walk-in Access program more widely, especially in light of HB141, which became law this year.

The bill, which was sponsored by Rep. Kay McIff, R-Richfield, allows use of public waters unless the water is located on private land and access is restricted.

That's when people need to seek permission from the landowner.

Starting in 2011, the public may seek to prove that certain private properties should be used as public access.

The bill was seen as restricting the ability of anglers to use public waters, access they felt they had following a 2008 Utah Supreme Court decision that ruled in favor of three anglers who were floating and fishing down the Weber River and received citations for trespassing after they touched the riverbed.

During the Utah Waterways Task Force's first meeting Thursday, legislators heard from DWR officials, who recommended beefing up the division's Walk-in Access program to still allow access to Utah streams while compensating private landowners. And they visited Judd's property to see what Walk-in Access looks like.

Of the 6,500 miles of fishable streams in Utah, 2,000 miles of them are privately owned.

Funding for more compensation would be tricky, Karpowitz said, because even though the state's general fund would be a great resource, declining revenues have forced the Legislature to slice from the state budget.

And the division is loath to increase fishing license fees, because higher fees mean fewer licenses will be sold.

But a special stamp for anglers who want to fish in streams may be the future, Karpowitz said. Revenue from the stamp would be earmarked to fund more Walk-in Access locations.

Task force members, including McIff, seemed to favor the Walk-in Access program as a way to balance property rights and anglers' ability to reach public waters.

Task force co-chairman Rep. Mel Brown, R-Coalville, said he likes the concept of a user fee.

But the task force plans to hear more before it starts making recommendations to legislative and appropriations committees, said Sen. Dennis Stowell, R-Parowan, the task force's co-chairman.

Thursday's meeting didn't allow for public comment from anglers or property owners, the two groups who were at odds during the 2010 session.

e-mail: jdougherty@desnews.com

twitter: dnewspolitics

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