Update on Legislation 11/16/09 - submitted by UWA member Tyson Skeen

 

In July 2008 the Utah Supreme Court gave a landmark ruling recognizing that there was a recreational easement upon all waters in the State.  The public has always owned the “water” itself, but the Court in Conatser v. Johnson stated that incidental touching of private beds was within the recreational easement that was being recognized but has always existed.  

 

Representative Lorie Fowlke (R- District 59) has taken the large task of attempting to put together a fair and balanced bill that takes into account not only the concerns of private property interests, but also the clear, unanimous decision by the Supreme Court recognizing the public’s right to recreate upon all waters in the state.  Representative Fowlke has invited all interested parties to the table to fully so that all the relevant issues could be fully vetted.  Regular meetings with landowners, private property interests, anglers, kayakers, the DWR, and elected officials have worked through all of the issues involved with everyone being able to take part in this important legislation.  

These public meetings have been downsized to a sub-committee where one person from each interested group is able to attend to work out the final details of the bill.  There is no official proposed bill at this time, but there have been drafts of the upcoming bill has been distributed to interested parties and discussed in meetings.  

 

In the first draft of this upcoming legislation hunting was excluded as a legal recreational activity.  This flew in the face of Conatser where the Supreme Court listed “hunting” as a legal recreational activity that utilizes the water and an activity to which this easement applied.  Through much work by the DWR and also some individuals waterfowl hunting will not be restricted in the final draft of this legislation.  

Another interesting aspect was a proposed “access stamp” that anyone who purchased a fishing license or a combination license in the state would have to purchase.  It was going to cost $5 and the money would be used to fund the perceived associated costs of this easement.  (Stiles over fences, fish stocking, enforcement, education, etc)  The DWR conducted a survey with anglers on how they would feel about this and it came back overwhelming in the negative.  Organizations within the state have pledged funds to help with these costs and the stamp will not be implemented.  There will be a requirement to complete a free online educational course and to carry a permit you will print off to do any type of recreational activity over private beds.  

 

The bill is not in its final version.  Rep. Fowlke hopes to have a bill ready for its final review by mid-December.  She has expressed strongly her feeling that all interested parties who have been working on this important legislation should realize that they will not get everything they want or think they should get in this bill.  But that they should realize it is the best possible attempt at a compromise that fairly balances the interests of all parties involved.  We as waterfowlers should take our hats off to Rep. Fowlke for the monumental task she has undertaken to bring these disparate groups together and work towards a permanent solution.  We will keep you updated as more information becomes available, but be ready for another tough battle to get a recreational user-friendly bill passed for a permanent solution to this ongoing issue.