Anglers, land owners spar over HB187

Back in July, a Utah Supreme Court ruling opened access to all river and stream beds in the state, even those running through private land, to recreationists.

HB187, being introduced by Ben C. Ferry, R-Corinne, with a few exceptions, would return control back to property owners.

Needless to say, it is a bill that has a large number of recreationists, particularly anglers and boaters, angry.

"It is not acceptable … not at all," said Byron Gunderson, a member of the Blue Ribbon Fisheries Council, which identifies prime fishing waters in Utah.

"We're unhappy," said Ted Wilson, executive director of the Utah River Council. "It's nothing but a full-scale raid on the Supreme Court decision."

"We feel the bill is not just to the 400,000 Utah anglers and ignores revenues from out-of-state anglers who fish our waters,"? said Robert Dibblee, president of the Utah council of Trout Unlimited.

Ferry defends his bill, saying it "expands access to private land outside of what was (there before the Supreme Court ruling).

The Supreme Court decision, in a vote of 5-0, said people using Utah's rivers and streams could access the water's bed, even if the bed is considered private property.?

It ruled that while the bed, in some cases, was under ownership of the property owner, the water and fish were owned by the public, which entitled the public to an easement and granted access into the rivers and streams even if posted "no trespassing."

The ruling greatly opened up recreational opportunities statewide.

If passed, HB187 would restore the rights of owners to close sections of rivers and streams passing through their property, which would override the Supreme Court decision and make it possible, under existing trespass laws, to close access and issue citations to those using the waterways.?

The exception would be 14 rivers (there are 17 but sections of three are mentioned twice) that fall under the guideline of being "navigable" year-round. These waters, Ferry contends and lists in his bill, cannot be closed, which would thereby increase recreational opportunity. These rivers would include sections of the Bear, Logan, Jordan, Strawberry, Provo and Ogden, rivers anglers and boaters contend are already open.?