Dear Utah Legislators

The flyfishing public became aware this week of a new bill aimed at crippling our public stream access rights. And we’re respectfully urging YOU—those entrusted with upholding our simple civil liberties—to take a stand for the sake of Utah waters and its passionate devotees.

En route to Capitol Hill this morning, Utah Stream Access Coalition (USAC) board member Chris Barkey said, “If they pass HB68 we likely won’t make it back to the Supreme Court with either of our lawsuits. He [Rep. Kay McIff] is trying to preempt the judicial process.

“How can you let a legislator do a walk-around the judicial system, when we’re litigating his own language from two years ago?”

The language Barkey refers to is embedded in HB141, the Public Waters Access Act, which requires anglers to obtain landowner permission before walking on the private bed of a public body of water. It also bars Utah anglers and hunters from accessing waterways that flow through private property —even when reached via public easements. Boaters can still float, so long as they don’t touch the bottom, or impede their downstream progress.

Up until yesterday the USAC was fighting the 2010 legislation via two lawsuits, battles that would be lost should HB68 steamroll through. According to Barkey, House Bill 68 delivers Utah’s public waters to private stakeholders by restricting the reach of the Public Trust Doctrine. “The Public Trust Doctrine is the key to unlocking private ownership of the public waterways in the West and across the country. So if we lose this, the West will fall sooner or later due to these shady bills.”

Barkey will meet with legislators this afternoon in an attempt to stall HB68, giving courts time to rule on HB141 lawsuits next month and examine compromise wording being pushed by the coalition.

At the top of that list, with access language similar to Idaho’s, is: “All waters in this state, whether above or under the ground, are the property of the public, subject to all existing rights to the use thereof.”

Barkey added, “My comment to my senator last night was, ‘Why have we spent so much on litigating this issue and why is the public being ignored?’ I just don’t understand why the judicial system is so inconsequential to our legislators.”

Good questions. And considering HB68, if passed, could be a deathblow to Utah’s public water fight—AND COULD SET A PRECEDENT FOR OTHER STATES—we need to step up and be heard today.

What you can to do help:
Find your district Representative
Contact your representative
Urge them to OPPOSE HB68
Urge them to SUPPORT USAC compromise
Go to the Capitol and meet with your Representative
Get a friend to do the same, and be respectful

More Info