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Stream Access Ruling 11/5/2015

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Stream Access Ruling 11/5/2015
Good news for anglers! You may want to visit the Utah Stream Access Coalition website for more details.
I will refrain from any further comments, but you can have at it:

"On November 4, 2015, Judge Derek Pullan of the Utah Fourth District Court issued a final order in Utah Stream Access Coalition v. VR Acquisitions, LLC and State of Utah, striking down as unconstitutional numerous provisions of the Public Waters Access Act in Utah Code 73-29-101, et seq.
***BearLakeFishGuy***


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Re: [BearLakeFishGuy] Stream Access Ruling 11/5/2015 In reply to
Nice to know, thanks.

Albinotrout
Fishing and trains...what else is there? BASEBALL.......
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Re: [albinotrout] Stream Access Ruling 11/5/2015 In reply to
Here's the Des News article
http://www.deseretnews.com/...ream-access-law.html
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Re: [BearLakeFishGuy] Stream Access Ruling 11/5/2015 In reply to
Here is a supplemental communication from the USAC that is worth posting up.



This morning, we announced that access to Utah's river and streams has been restored. While we wait for the State to comply with this ruling and update its enforcement policies, we want to remind our membership that our actions from here forward must be above reproach.

We have no room for error here. Do not be the person that undoes all we've worked for.

Be respectful of private property and property owners.

Always pick up trash when you see it.

Use best angling practices to care for the fish.

If ordered out of a river or stream, don't argue about your rights with the landowner but try and calmly ask for the name and telephone number of the landowner and record the date, time and location where you were ordered out. Leave by whatever route the landowner suggets/demands. Promptly report all information regarding your confrontation, ideally in writing, to the DWR's enforcement division, and please provide a copy to USAC.

If the situation gets out of hand and / or you are threatened or assulted, contact the local law enforcement immediately by dialing 911.

Finally, remember that this ruling does not authorize you to cross private property in order to reach the stream bed. You may only gain access from a public access point, easement, or right of way.

For clarification, we encourage you to contact the DWR: http://wildlife.utah.gov/...t-us/contact-us.html

A full copy of the ruling can be found here:
http://utahstreamaccess.org/...d-Final-Judgment.pdf

Board of Directors
Utah Steam Access Coalition
info@utahstreamaccess.org
www.utahstreamaccess.org





I caught you a delicious bass.
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Re: [doggonefishin] Stream Access Ruling 11/5/2015 In reply to
Thanks for the clarification. We should all be respectful and polite whether on or off private property. Always do your part to leave it better than found.

Albinotrout
Fishing and trains...what else is there? BASEBALL.......
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Re: [albinotrout] Stream Access Ruling 11/5/2015 In reply to
YES!

This pleases me greatly.
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"I also feel that guides are somewhat of a hoax as far as fishing goes." -- Fin_Addict, a.k.a. Mr. Utah
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Re: [BearLakeFishGuy] Stream Access Ruling 11/5/2015 In reply to
This is some refreshingly good news.
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Re: [BearLakeFishGuy] Stream Access Ruling 11/5/2015 In reply to
So is this meaning the whole state? And is it in effect immediately?
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Re: [KingTwistedKidd] Stream Access Ruling 11/5/2015 In reply to
Yes and yes. HB 141 has been struck down as unconstitutional and is no longer valid. The DWR has been instructed to take their map off of their website as it has been declared that all waters of the state have public access.
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Re: [Troll] Stream Access Ruling 11/5/2015 In reply to
Troll wrote:
Yes and yes. HB 141 has been struck down as unconstitutional and is no longer valid. The DWR has been instructed to take their map off of their website as it has been declared that all waters of the state have public access.

Sweet!

Albinotrout
Fishing and trains...what else is there? BASEBALL.......
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Re: [BearLakeFishGuy] Stream Access Ruling 11/5/2015 In reply to
What's the old law being reverted to specify as to how to access? I'm asking in regards to how to access waterways flowing through private land. Do you have to walk on the stream bed that is covered by water? Can you walk within 10 ft of the water? What is acceptable and what is not? I checked out the Utah Stream Access Coalition website, and didn't find useful info on the matter.
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Re: [albinotrout] Stream Access Ruling 11/5/2015 In reply to
You still cannot trespass. The anglers right of way is restricted to the bed of the river or stream only.
You cannot walk across posted or agricultural land to get to the water. You must enter and exit at a public point like a bridge.

You can float the river and now you may stop and fish while floating.
To me this is the biggest thing. I can now use my kayak to float down a river and stop along the river, get out and fish as long as I stay within the river bed.
I have more than one kayak (to many) so I will invite a friend, park a car at where we plan to take out, put in at a bridge above and float down stopping to fish along the way. This will work well in places like the Weber through Thousand Acres Ranch and the Sevier River.

The change still does not open all waters, only those that can be accessed from a public right of way and if you cannot traverse to the next public right of way it will not make fishing easy from anywhere except next to the public right of way.

If you walk up or down a stream and find that you are to tired to walk back within the stream bed you will be trespassing if you walk on the land next to the stream to get back. So plan accordingly.
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Re: [Troll] Stream Access Ruling 11/5/2015 In reply to
Troll wrote:

The anglers right of way is restricted to the bed of the river or stream only.

Is the high-water mark considered "the bed of the river or stream" or must one literally always be standing in water (or floating) to be legal.


“Honest criticism is hard to take, particularly from a relative, a friend, an acquaintance, or a stranger.”
Franklin P. Jones
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Re: [BearLakeFishGuy] Stream Access Ruling 11/5/2015 In reply to
Sweet!! Planning some trips already to unexplored waters.

Again, like everyone is saying, please clean up after yourself. Leave no trace!!
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Re: [FishSlayerMP] Stream Access Ruling 11/5/2015 In reply to
I have the same question.

Is the high-water mark considered "the bed of the river or stream" or must one literally always be standing in water (or floating) to be legal.
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Re: [kentofnsl] Stream Access Ruling 11/5/2015 In reply to
kentofnsl wrote:
Is the high-water mark considered "the bed of the river or stream" or must one literally always be standing in water (or floating) to be legal.
First; yip, yip, yip, yahoo! It's about damn time!


Second; I don't know that this has every been truly clarified from a legal standpoint. Some states do, in fact, declare the stream bed as being between the traditional high water marks. I don't know for sure that this is the case in Utah and I'm inclined to think it is not. Therefore, until somebody can specifically show us a legal ruling on this I would suggest that to be 100% legal, always keep your contact point (usually your feet) completely in the water.
Smile
Bob Hicks, from Utah
I'm 75 years young and going as hard as I can for as long as I can.
“Free men don't ask permission to bear arms.” - Glen Aldrich
“Be who you are and say what you feel, because those who mind don't matter, and those who matter don’t mind.” - Dr. Seuss
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Re: [dubob] Stream Access Ruling 11/5/2015 In reply to
And be aware that if you rush right out there to take advantage, you will very likely meet some rancher who doesn't know - or doesn't care - about the new ruling. Don't be the belligerent doofus who brings a fly rod to a gun fight.



Cleverly disguised as a responsible adult
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Re: [kentofnsl] Stream Access Ruling 11/5/2015 In reply to
kentofnsl wrote:
Is the high-water mark considered "the bed of the river or stream" or must one literally always be standing in water (or floating) to be legal.



Kent, that question remains undefined by the original Conatser decision. After the decision, several parties, including anglers, the DWR, and others, with the aid of Rep. Fowlke, attempted to provide the defining terms for Conatser in HB80. However the legislature, decided instead to ignore Hb 80 and slap down the angling/recreationalist public, ignore the Utah Supreme Court and pass HB141 instead. Now that it has been justifiably overturned, it would be hoped that new legislation would pass that fairly defines the terms of the Conatser decision.


In the meantime, I might suggest that anglers going to fish on public water over private property use the strictest standard and keep their feet wet and not wander outside the stream bed.





I caught you a delicious bass.
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Re: [doggonefishin] Stream Access Ruling 11/5/2015 In reply to
The real estate lobby (Herbert) owns the legislature lock stock and barrel. There are going to be some nasty fights over the highwater issue. A lot of very rich individuals own waterfront land in Utah.
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Re: [BearLakeFishGuy] Stream Access Ruling 11/5/2015 In reply to
Enjoy this window while you can because it will most likely not last as long as the Conaster window did. (19 months)

After you make a donation to the Stream Access folks you might drop a few bucks here as well.

https://secure.actblue.com/...de=homepage_main_nav
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Re: [castnshoot] Stream Access Ruling 11/5/2015 In reply to
castnshoot wrote:
Enjoy this window while you can because it will most likely not last as long as the Conaster window did. (19 months)

After you make a donation to the Stream Access folks you might drop a few bucks here as well.

https://secure.actblue.com/...de=homepage_main_nav
I'm sorry; contribute to Bernie Sanders? Have you completely lost your mind?
Smile
Bob Hicks, from Utah
I'm 75 years young and going as hard as I can for as long as I can.
“Free men don't ask permission to bear arms.” - Glen Aldrich
“Be who you are and say what you feel, because those who mind don't matter, and those who matter don’t mind.” - Dr. Seuss
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Re: [castnshoot] Stream Access Ruling 11/5/2015 In reply to
Old Bernie will come take our fishing equipment and redistribute it to others - Great guy. He is the socialist fisherman.
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Re: [dubob] Stream Access Ruling 11/5/2015 In reply to
"I'm sorry; contribute to Bernie Sanders? Have you completely lost your mind?"

Bernie, and Steam Access pretty much have the same goals,,,no?
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Re: [doggonefishin] Stream Access Ruling 11/5/2015 In reply to
The river bed is from the NORMAL high water mark. It can also be defined as where non aquatic vegetation normally ceases to grow.

I am not worried enough to keep my feet wet as long as I am in the obvious stream bed. This time of year with the irrigation season over it should be very easy to comply with the spirit of the ruling, once irrigation season starts again and streams and rivers are running at their normal high water rate it will be more difficult to stay within the ruling and not be in danger which brings up a different part of the ruling.

I don't know if this returns us completely to Conatser but I think so.
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Re: [TT600] Stream Access Ruling 11/5/2015 In reply to
Yes, this will be fought and I expect our legislative liars to begin looking for a way to override this ruling in the upcoming legislative session.

I also expect an appeal to the ruling to the Supreme Court which is not the same court members that decided Conatser. So we can only hope that the remaining members from that decision will prevail.

If the appeal is filed before the legislative session I will be watching to see if the legislature which would not take up a compromise law "while litigation was pending" last year will stick to that, or prove themselves the bought and paid for prostitutes they have shown themselves to be in the past.

If they wait they run the risk of the ruling from the Supreme Court being made a Utah Constitution interpretation which Conatser was not. This would make any law they tried to pas that restricted the public's right of way in stream beds dead on arrival and courts would most likely rule it unenforceable until after any court decision.
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