I imagine I sound like a Brett Prettyman fanboy on this blog (I promise I am not stalking him), but I have to say he seems to hit the nail on the head every time and in the case of the link I am sharing here, he has written a masterpiece.  This opinion piece which will be appearing in the Salt Lake Tribune says everything I wish I could say about the disaster that is HB141.  This should be the rallying cry that the rest of the state, even those without interests in fishing, should use to express outrage at our pathetic legislative process and so called leadership from Governor Herbert. Please comment on your thoughts on his article.  It’s not too late to get angry.

Prettyman: Legislative foolishness could cost us big bucks (via Salt Lake Tribune)

It is with extreme sarcasm and complete derision that I would like to thank Governor Gary Herbert for stripping Utahns of rights we have enjoyed since the settling of the Salt Lake Valley in 1847.  With the signing of HB141, you have robbed the right of public water access from the citizens and given them away to the property owners.  Not only have you cost this state jobs and dollars by signing away our outdoor legacy, but you will also have cost yourself a job as Governor (I mean one that the people actually voted for).  What is it about an easement that is so egregious?  Every property owner has them for utilities or sidewalks.  This easement should be granted to the benefit of all to enjoy the relatively small amount of flowing public water in this desert state.  This law will be challenged in court costing good people and this state far too much time and money for something that could have been resolved through collaboration and openness.  I am confident that the rights of the people will be restored through the courts.  It is just completely stupid that it has to come to this.

Sign me up to campaign for your challenger!

• Gov. Herbert signs bill restricting access to streams on private property (Deseret News)
• Utah governor signs bill limiting stream access (KSL.com)
• Governor signs contentious stream access bill (SL Tribune)
• Utah Gov Has Family Ties To Stream Access Bill (KUTV News)
• Anglers Angered Over Bill Restricting Access To Rivers (KUTV News)

Trying to be eco-conscious, I have decided to recycle this post as it is more timely than ever.  Word on the web is that Governor Herbert will decide by Wednesday how he will proceed with HB141.  The hopes and prayers of those that enjoy the outdoors are that he will veto it.  Also, on a positive note, the Salt Lake Tribune reported that the Governor took time meet with some representatives of those who oppose the bill, including the head of the Outdoor Retailer’s Association. I also want to thank Senator Neiderhauser for supporting the rights of citizens in this state and opposing HB141.  Given that those who support the bill think that more study is needed to determine its impact (they are establishing a committee to do so) I don’t understand the rush to sign this bill. I say study first, decide later. Please take a moment and send Governor Herbert an email with this form letting him know he should veto this bill.

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Help us Gov. Herbert, you are our only hope!

Outdoor recreation in Utah was dealt a serious blow yesterday with the passage if HB141, a bill that strips citizens of the right to use their legally accessed flowing public waters on private land.  Our only hope now is that Utah state Governor Gary Herbert either vetoes or simply doesn’t sign the bill (I have since learned that not signing = signing in Utah…WHAT?!?!).  Signing the bill would be a HUGE mistake and many, including me, expect it to have a real economic impact on the state in the form … Continue Reading

Help us Gov. Herbert, you are our only hope!

Outdoor recreation in Utah was dealt a serious blow yesterday with the passage if HB141, a bill that strips citizens of the right to use their legally accessed flowing public waters on private land.  Our only hope now is that Utah state Governor Gary Herbert either vetoes or simply doesn’t sign the bill.  Signing the bill would be a HUGE mistake and many, including me, expect it to have a real economic impact on the state in the form of lost tourist dollars.  This is basically a grab for what many land owners have assumed they owned for many years, the public’s water and easement to use it.  State Supreme Court rulings over the years have been unanimous and to the contrary stating that waters flow by providence and no single person can use them, but rather they are the right of all citizens to use.  This is the first step towards a UK like system with pay to play fishing on tightly controlled beats.  We don’t want this kind of imperialistic set up here in Utah.

Governor Herbert, please do the right thing and kill this bill now!!!!

Please let him know how you feel right now!

I doubt that any Utah Senators actually read this blog, but others who live in Utah do and you need to mobilize and let your State Senators know that they MUST oppose HB141 (find your state senator here).

This bill represents the taking of rights away from the public.  Proponents of HB 141 argue that public access to streams takes something away from land owners, but this is faulty logic.  Land owners NEVER owned the stream, but rather the stream bed.  How much value would there be in a stream bed without a stream?  Flowing waters are a trust of the pubic and private landowners are aiming to usurp them. The Utah State Supreme Court ruled that public citizens in Utah have right to a reasonable easement to navigate the corridor of a stream in Utah.  HB141 is aimed to strip this right away from the citizens and give quasi ownership of the stream to landowners.  That is wrong.

Follow the link below to read a much better written opinion piece on the subject from Duke Edwards as published by the Salt Lake Tribune.

HB 141 would be unfair to fishermen (via Salt Lake Tribune)

User Scorsi over on the Utah on the Fly forum has a nice write up of defining moments in past battles over public access to navigable streams on private lands. Idaho and Montana already have laws in place to allow recreationists and scientists access to navigable public waters running through private land. They had their defining moments allowing for the passage of these laws. The moment for Utah is now. We have a reasonable bill that has been put forth to define what level of access is appropriate for recreational use, and it doesn’t include any gross misuse of the private land, in fact it is very limited to what is allowable. The key is that this is by most accounts a reasonable approach to defining how these waters can be used.

I know that some land owners cringe at the fact that others could access waters on their land, but the reality, these waters belong to the citizens of Utah as do the fish that live there. Why should landowners gain benefit from the tax dollars of their fellow citizens and not allow for some reasonable access to the resources we are “lending” them? Please act now by sending emails, letters, or calling your state representatives. If you live out of state, please consider also writing state representatives to acknowledge the economic benefit of your visits to our beautiful state or consider donating to the Utah Water Guardians. Please act now before we miss this chance.

Unfortunately I wasn’t able to get the rally today to add to the throng, but it looks like there was a decent showing.  From the sounds of it there were folks from groups of kayakers, birders, hunters, and anglers.  This is a wide reaching matter of public interest.  Please continue to show support for this bill in any way that you can, sending letters, donating to the movement, etc.  Here is a round up of local coverage.

• Anglers rally at Capitol in support of stream access (Salt Lake Tribune)
• Supporters rally for bill to allow access to private stream beds (Fox 13 News)
• A Rally in Support of Public Use of Private Streambeds (ABC4 News)
• Utah fishermen make a splash at Capitol rally (Deseret News)
• Outdoors enthusiasts rally for river-use rights (KSL 5 News)

This is a plea to anyone who enjoys the great fishing that we have in Utah.  Please reach out to your state legislative representatives and voice your support on behalf of HB-80 which is the bill supporting fair use of public waters on private lands. The bill was drafted with input from both sides of the issue to make it as fair and open as possible.  It would appear that competing legislation drafted behind closed doors is now being introduced to kill this bill.  Please visit utahwaterguardians.org to find out more detail about the bills and how you can help.  If you live out of state and would like to see this bill pass to the benefit those who enjoy water activities in Utah, please donate!  Thanks.

If you enjoy fly fishing, I have a cause for you to get behind.  Please check out the site below and if you are so inclined, consider making a donation to support the campaign to pass Utah HB80.  We all know that we don’t have a lot of water in the West and private interests reduce the fishable waters even more. utahwaterguardians.org