From Deseret News archives:
Ruling opens up access to waters
It was a ruling Utah fishermen had hoped for but, to be honest, never thought possible.
What it did was open up sections of water like on the Provo, Weber, Logan, Chalk Creek, Lost Creek and Beaver Creek which were heretofore closed to access by private landowners.
Otherwise, it is now lawful to enter a river or stream from a public access point and walk upstream or downstream through private land to hunt, fish, boat, swim, float or participate in any reasonable and lawful recreational activity.
What happens next is predictable. Landowners will, if they haven't already, contact their elected officials and demand Utah law be changed ... and some legislator will no doubt write such a bill and present it to his or her colleagues at the next session.
It would be unfortunate if it passed, but worse bills have.
I see it as a test of sportsmen's unity, which is something I haven't seen a lot of in the past.
But if a bill is written that locks up these waters, and passes, sportsmen will have no one to blame but themselves.
The vote is a strong persuader when used. And what lawmakers fear most is not getting those votes. Phone calls, e-mails and letters to lawmakers in support of last Friday's decision will carry a lot of weight if such a vote were ever called for.
All this started when Jodi Conatser, Kevin Conatser and Lacey Conatser were cited for criminal trespass in 2000 after floating and fishing along a section of the Weber River flowing through private land. During the trip, they stepped from the boat and touched the riverbed. It was that act that resulted in the citation. The reasoning was that the water was, indeed, owned by the public, but the riverbed was the property of the landowner.
They were found guilty in the Morgan County Justice Court and in 2nd District court. Then the case went to the Supreme Court.
Mike Quealy and Rob Hughes co-wrote the brief, and Hughes argued the case before the Supreme Court.
The justices ruled:
"The public has a right to float, hunt, fish and participate in all lawful activities that utilize state waters. The practical reality is that the public cannot effectively enjoy its right to 'utilize' the water to engage in recreational activities without touching the water's bed."
It ruled that along with ownership of the water came the public's easement rights in state waters, and that the public was entitled to this easement even if the water's bed is privately owned.
Those using the waters, however, need to show respect for property owners' rights and property. The access line is considered the high-water mark. Going beyond that point is trespassing. Accessing a river or stream over private land is trespassing. Entry must be from a public access point, be it a park, road or bridge.
Disrespecting the property owner or the land can only result in the loss of this right, so unite, show respect and enjoy the fishing.
E-mail: grass@desnews.com
Recent comments
Good job Utah!
Thank goodness the Utah Supreme Court is not in the...
Dan Curran | Aug. 1, 2008 at 10:08 a.m.
I would be interested in doing all that I can to ensure that this...
Troy Jones | July 24, 2008 at 1:58 p.m.
I hope Ray Grass will write follow up articles soon to expand on the...
Informed Source | July 24, 2008 at 10:07 a.m.
- Holiday television program listings 1:02 a.m.
- Williams, Rose celebrate by playing 12:46 a.m.
- Utes to get tested by Illinois 12:40 a.m.
- Cougs to host Weber St. 12:39 a.m.
- Efforts to save a life praised 12:29 a.m.
- Settle fights, set tone of marriage 12:28 a.m.
- Clearfield balking at UTA plan 12:26 a.m.
- New administration bldg for Davis 12:26 a.m.
- Gallery: Thanksgiving in Utah 12:14 a.m.
- National news briefs 12:12 a.m.
- Man trapped in Nutty Putty cave dies
- Rivalry has had some 'turkeys'
- Holiday television program listings
- Highland players make special friend
- Salt Lake City woman shot
- Matt Reynolds vs. Koa Misi
- Temple Square to use LEDs
- Provo star leads Bulldogs to win
- Missions teach players perseverance
- Jazz part of new holiday tradition?
- BYU would like friendlier rivalry
262 - Protests against Phoenix LDS temple
211 - RSL wins MLS Cup on penalty kicks
202 - Bronco, Kyle rubber match
139 - Thunder rolls by Jazz
136 - Letters: Rushing to judge Palin
132 - Boys basketball rankings
117 - Editorial: Poor welcome for Palin
112 - Hall, Johnson matchup key
102 - Man trapped in Nutty Putty cave dies
98
Can someone please tell me which top 10 team Max has won? I hope the Jeff...
The old recipie for good economy is to just cut taxes to spur investment and...
Respect? Why show respect for another human being who's opinions and...
The problem is, Sarah Palin ist not a competent politician. She begs to be...
Please do tell which of his facts were stupid? Your best ever got smocked at...
Honestly. Kyle cannot be moved with the contract. I would rather see CJ<...
So many conclusions, based on false assumptions, so many haters, with...
If Carlos continues to play like this instead of hearing "boo" at ESA, maybe...
With all that tradition they can't seem to compete on the national stage....
Hint: You notice (like I predicted) no mention of any Jazz interest in...

