THIS IS LANDOWNER RIGHTS RUN AMOK! THIS BILL'S PASSAGE WOULD BE THE SAME AS BUSH BEING PRESIDENT AGAIN... FOR 8 MORE YEARZZZZZZZZZZZZZZZ!!!!
Here you go... http://le.utah.gov/~2009/bills/hbillint/hb0187.htm
Here's the first part of the Utah House Bill 187:
RECREATIONAL USE OF PUBLIC WATERS
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Ben C. Ferry
5 Senate Sponsor: ____________
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to the recreational use of public waters that flow
10 over privately owned beds.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . clarifies a provision relating to fencing;
15 . establishes a criminal penalty for:
16 . cutting a fence; and
17 . violating a provision in a part;
18 . authorizes a person to engage in certain recreational activities in specified public
20 . authorizes a person in certain circumstances to touch certain private beds beneath
21 specified public waters;
22 . specifies the public waters in which a person may engage in a recreational activity;
23 . creates a Recreational Access Board;
24 . establishes membership and duties for the Recreational Access Board; and
25 . establishes procedures for applications to the Recreational Access Board.
Utah is our Rocky Mountain neighbor and needs our help to either stop this bill in its tracks or amend it enough (and that'll be PLENTY enough!) to make it preserve the Recreational Right to Use Public Waters recently gained through the ruling of 2008 ConaTSer case by the Utah Supreme Court. Whatever happens on this bill may have a profound effect on your recreational rights to use of and access to/from public waters in your state (mine's Colorado).
It has to do with "Public Waters", "Navigability", not being able to access or use PUBLIC waters withing 500 FEET of a residence,"Trespass", "touching the streambed", "Public Acccess Board" on a state level, and a wholllllllle bunch of other stuff important to your river rights no matter what state you're in.
This bill would effectively shut down recreational use of public waters!
For those interested in wading into this, no pun intended, take notes as you read through the bill and refer to the line number when posting questions or comments back to this or other threads here or elsewhere (this is all over http://utahonthefly.com
Also check out http://utahwaterguardians.wordpress.com/
as they are "Information Central" for this bill.
The bill is the attempt to overturn or undermine the July 18, 2008 ConaTSer v Johnson Utah Supreme Ct ruling that found in favor of the "Recreational Right to Use Public Waters". See http://www.utcourts.gov/opinions/sup...tser071808.pdf
For starters on this Utah bill, the USCt ruling was about Right to USE of not right to Access to/from, so why in the wide, wide world of sports do they have a whole lot of stuff about TRESPASSING to protect the landowner's riparian land rights and nothing about HARASSMENT to protect the waterowner's rights?
Read what the bill says about "Public Water"!
Read what the bill says about the makeup of a Public Access Board!
Read what the bill says about "Navigability"!
Read what *everything else* the bill says!!!
How, as you read this.... this... downright NASTY thing, can it be fixed to *keep our river rights* or DEFEATED once and for all?!?!?
If this bill passes, Colorado/Your State's waters may be NEXT!