Funding private stream, land access topic of Richfield meeting

RICHFIELD — Seeking to strike a balance between private property rights and access to public waterways, members of a task force created by the Legislature will meet Wednesday to discuss new funding mechanisms for a state program that achieves both goals.

The state Division of Wildlife Resources has a Walk-in-Access program modeled after those in states such as Kansas, Wyoming, Montana and South Dakota that provides financial reimbursement to private landowners who agree to "lease" fishing and hunting access to their property.

In place since 2006, Utah's program is being explored as one way to solve tensions between landowners and water enthusiasts that have been stoked by a 2008 Utah Supreme Court ruling.

The Connaster decision declared there was a public right to recreate on public waterways, even if recreationists crossed privately held property. That set up a storm of opposition by landowners — including ranchers and farmers — who feared unfettered access would drive down property values and interfere with their ability to control what happens on their land.

Subsequent legislation passed in the 2010 session attempted to resolve the issue, but the Utah Waterways Task Force was established, as well, to broker additional solutions to the problem, which continues to create uncertainty among anglers.

"Our program is an alternative for sportsmen to be able to find and use that access," said Boyde Blackwell, the division's private lands and public wildlife program coordinator.

A restricted account funded by hunting and fishing license fees allows the division to award financial compensation to landowners willing to allow access to their land. So far, owners of 92 properties have collectively signed up to allow access to 84,626 acres, 33 pond acres and six miles of streams in the state.

Blackwell is hopeful the program, which includes property from the northern state line to Sanpete County, can be expanded to include southern portions of Utah.

Only three properties have dropped from the program since its inception, Blackwell said, and owners can opt for a three- or one-year lease.

"Once properties get in, the owners see the benefit of the program, and they don't have people constantly … knocking on their doors and things like that," Blackwell said.

While not a catch-all, the Walk-in-Access program requires would-be recreationists to sign in at kiosks stationed at access points, which provides some controls for property owners.

"It also provides us with some data on who is using the land, what days they are using, and is a way to measure the acceptability of the program," he said.