Division of Wildlife Resources position on HB 187 — Recreational Use of Public Waters

During summer of 2008, the Utah Supreme Court ruled that the public has the right to access natural stream and lake beds on private lands in Utah for recreational purposes, including fishing. The court based its ruling on a state statute. The statute declares that all the water in Utah is the property of the public. Because the ruling is based on a state statute, the state legislature has full authority to reverse or modify the court decision.

Unfortunately, the court's ruling left many questions unanswered. Late last summer, a group was assembled to discuss the implications of the Supreme Court ruling. The Division was invited to participate in this group along with representatives from the Governor's Office, legislators, agricultural interests, anglers and others. The group agreed that legislation was needed to help clarify the Supreme Court ruling. Representative Ben Ferry stepped forward and agreed to sponsor a bill that would help clarify recreational use of public waters.

The Division has maintained a neutral position on the Conatser decision as it pertains to landowner rights and recreational pursuits since both anglers and private property owners play a pivotal role in protecting and sustaining Utah's wildlife. Anglers support fishing through license dollars that provide needed funds for management, fish production and habitat improvement. Private landowners help by providing and maintaining important habitat for fish and other wildlife. The Division appreciates Representative Ferry's willingness to attempt to balance recreational and private property interests. His approach is much preferred to a bill that would completely reverse the Supreme Court ruling.

The Division has worked closely with Representative Ferry to provide needed information as he drafted the bill. The Division also kept angling groups informed about the status of the bill throughout the past few months and encouraged groups to meet directly with Representative Ferry to express their views.

There is a great deal of misinformation circulating about HB 187 and what it does and does not do. The Division believes the public should obtain the correct information about this bill so they can make an informed decision on whether to support or oppose it. We encourage everyone to go the Utah State Legislature Web site and read House Bill 187 at http://le.utah.gov/~2009/bills/hbillint/hb0187.pdf.

It is important to note that the bill authorizes the public to engage in recreational activities, including fishing, on many waters in the state that were previously closed to public access prior to the Supreme Court ruling. The bill guarantees access on 17 major rivers and streams in the state that, in many cases, were closed to public access prior to the Conatser decision. The bill defines which recreational uses are allowed on these streams and provides a needed definition of a streambed. The bill authorizes recreationists to leave the bed of the stream onto private land to negotiate around barriers in the stream such as fences, dams and diversions.

The bill also provides a mechanism, where over time, other streams and rivers can be added to or removed from the list as recommended by a "Recreational Access Board." The make up and duties of this board are discussed in detail in the bill. The bill establishes a list of criteria that will determine whether a stream can be added or removed from the list by the legislature.

What the bill does not do is affect, in any way, accessibility to public waters on public lands or private lands that already have easements in place. Many have assumed wrongly that this bill somehow affects the status of our great fishing and other recreational opportunities on public lands.

The Division remains concerned about several provisions in this bill and will continue to work closely with Representative Ferry and other legislators as it proceeds through the legislative process. The Division's hope is that the legislature will ultimately pass a bill that meets the needs of anglers as well as private landowners.

Regardless how HB 187 turns out, the Division will continue to make it a high priority to acquire access and to improve fishing opportunities for anglers. In the past several years, the Division has spent millions of dollars to acquire public access and to improve fishing opportunities through direct purchases, easements, leases and cooperative agreements. The Little Hole purchase on the Green River, an expanded Walk-In-Access program, two new ultra-modern fish hatcheries, stream restoration projects on the Weber and Sevier river systems, and numerous new Community Fisheries all demonstrate the Division's ongoing commitment to fisheries management and angling.

For more information about the Supreme Court's ruling, please visit the DWR's Web site at wildlife.utah.gov/fishing/waters_access.php