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Utah Supreme Court has ruled

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Utah Supreme Court has ruled
Bassbugging posted this link on the national fly fishing board.

Link to decision

The public has the right to use public waterways and rivers are public. You don't have to float you can walk.
(This post was edited by tlspyder13 on Jul 18, 2008, 11:37 AM)
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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
Yeehaw!!

This is the best news I've had since my divorce decree became final.

I have waited for a case like this to be decided for years.

Fishned celebrates by doing a happy dance around his office.
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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
Seems like all fisherman owe the Conasters a big thanks for carrying this to the Supreme Court for a decision.
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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
I am deeply surprised they mention hunting so often in that brief. The problem with that is they have already ruled a bullet cannot fired into or over private property, so if you want to fire a gun on a river passing through private property, you have to shoot directly into the water or in some fashion that the projectiles never leave the area the water is contained in. Very odd ... they should have left hunting out of that ruling IMO.


-DallanC
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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
This is excellent news!!! Can't wait! Cool




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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
What an awesome ruling!!

I would bet that we have a few outdoorsmen in the Supreme Court. At least there are a few reasonable, practical judges left in the world!

Time to go impliment this holding - anyone up for claiming easement rights on private property??!!
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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
That is indeed good news! But let us tred litley, pick up trash. We should show the land owners that we don't want to piss them off, that we are responsible and also respect their rights as land owners. Otherwise we can see this going back to court and lose the rights we enjoy.
I'm happy. Don't screw it up!

Humpy
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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
YES! YES! YES! YES!SmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmile
This is the best news i have heard since they invented the fishing pole!!!!!!!!! This changes EVERYTHING!!!! Thank you Conasters!!!!!! If i ever meet these people i will give them a huge drawn out hug!!!!!SmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmileSmile


LH2
Your pike, musky, and walleye board moderator.

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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
Thanks for posting this! This is fantastic news. I'll probably need to carry a copy of this in my vest until word gets out that the rules have changed. I can imagine some very upset landowners.
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Re: [lunkerhunter2] Utah Supreme Court has ruled In reply to
there goes the neighborhood! this will make it easier for certain people to access my land haul every fish they catch out leave more beer cans than before leave smoldering fire pits every where drive through the hay fields steal anything they can get their hands on abuse whatever equipment and buildings we have there, yeah sounds like an excellent idea way to think it through
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Re: [humpy] Utah Supreme Court has ruled In reply to
humpy wrote:
That is indeed good news! But let us tred litley, pick up trash. We should show the land owners that we don't want to piss them off, that we are responsible and also respect their rights as land owners. Otherwise we can see this going back to court and lose the rights we enjoy.
I'm happy. Don't screw it up!

Humpy

Good post humpy,

If we, as a fishing community, can't appreciate what we have just been given, and pull together and show the landowners respect for their property and their rights, then we really don't deserve it.
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Re: [fishon24-7] Utah Supreme Court has ruled In reply to
Think it through? Like you did?

let me reply;
This will make it easier for all recreationalists to access the alnd you own that lies beneath a waterway that crosses your land.
They may only haul out a legal limit of the state's fish, the fish are most cerianly not yours, they are the states.
The instant they litter they are causung harm to your land and are subject to criminal prosecution.
They may not build a fire, it is not an incidental use of the water. They would be subject to criminal prosecution.
They may not drive on your land, only the waterways.
They may not steal, abuse equipment, buildings or otherwise tresspass on your land.

They may now enter a streambed at a public crossing, wade in the streambed, walk around obstuctions in the river by the least impacting way possible and contine to wade in the streambed.
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Re: [fishon24-7] Utah Supreme Court has ruled In reply to
What are you taking about? I don't see anything giving people the right to cross private land and destroy property. I gives us the right to travel along the river beds only to fish all of "our" waters, yours and mine. Once they leave the immediate bed it seems to me that they are still tresspassing.....
inspirational lyrics and melodious sonnets can save the world one person at a time-- Michael Bolton.
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Re: [michaelbolton] Utah Supreme Court has ruled In reply to
Story in Trib

http://www.sltrib.com/ci_9923629
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Re: [humpy] Utah Supreme Court has ruled In reply to
Absolutely. A few bad apples could spoil this. All that has to be done is to show that "harm" is being done to the private property and out we could go.
Now is a wonderful oppertunity for fishers like most of this board to reach out to land owners. Learn who they are, what they do. Close gates, pick up trash, offer to catch a few for their dinner. Now is a time to make relationships so that when they pass, they wave, stop and ask if you know the guy up the river. "No, but I'll keep an eye on him"
Maybe a good waterway relationship will develop into a few small game hunts and allowing to achery hunt.
It is very important that we the responsible sportsman police the irrisponsible. Call the poaching hotline on poachers and tesspassers. "Get into it" with litterbugs and help land owners to see no impact on their land due to this ruling.
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Re: [Troll] Utah Supreme Court has ruled In reply to
So, in addition to floating, a person may walk in the riverwithout being cited??? That is be fishing on foot only, wading the river?
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Re: [tlspyder13] Utah Supreme Court has ruled In reply to
WhoooHoooooooooooooooooSmileSmileSmile!!!!!!!!!!!!!!!!!!!SmileSmileSmileSmile.
This is such good news, I might get back into trout and flyfishing more and bag the smallies. (OK just kidding on that.)


What this really means is that I now have the opportunity to get back to the 2 main places where my father taught me to fish and then later flyfish, and where he and I spent countless days together. I haven't legally been able to get back on to these spots since I moved back to the state. (Until now!) I am sure I am not the only one that will now be able to renew an old "acquaintance" with a favorite run. I wish dad was still around to go with me.





I caught you a delicious bass. You wanna play me?- Napoleon Dynamite