House re-kills bill that declares streams over private land open

Dead once. Still dead.

For the second time in two weeks, the Utah House killed a bill that attempted to declare in law how streams over private land would be opened to fishing, rafting and swimming.

Monday, HB187 died in a 31-43 vote. And it showed that grass-roots lobbying by citizens — this time by fishermen and recreationists — can sometimes win the day.

Several lawmakers noted that they have received "hundreds" of e-mails and letters from individuals. "These are not form letters but personal letters," said Rep. Lorie Fowlke, R-Orem.

The defeat of HB187 may also show that the makeup of the Utah House may be changing — from significant property owners to urban representatives who own their own home and little else.

All agreed the bill sponsored by Rep. Ben Ferry, R-Corinne, a rancher from Box Elder County, was an honest attempt to broker the rights of competing interests. All water in Utah is publicly held, but the question was how to manage it when it flows over private land.

"All streams that were open, remain open," Ferry said in debating his bill. The question is what to do with streams that were closed but now may become open.

After the first defeat of HB187, Ferry compromised, giving a new board on public streams the power to open previously closed streams.

He also increased the number of "open" streams outlined in the bill from 30 to 41.

But that wasn't enough for most House members, who said there is no rush to pass legislation that would only land Utah in numerous court fights for years.

"I know there will be litigation," said Fowlke. Montana passed a similar law in the 1980s and has been in court for 20 years, she said.

Following a unanimous decision by the Utah Supreme Court last year declaring all waters in Utah public for recreational use, it appears that trespass laws will determine whether a fisherman can walk up stream to fish. And how that will exactly work is unclear, said Ferry, and controversy will continue unless the Legislature acts in some way.

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