By Dennis E. StowellSenator, District 28
It is important that we bring the escalating confrontations between property owners and recreationists to a close.
SB 141 affirms the right for a person to float or fish, while floating in public waters over private property. It also is designed to confirm the constitutional protection for private property owners.
Recreationists should know that they can still gain access to areas of rivers on private property through a program run by the Division of Wildlife Resources (DWR) called the “
Walk-in Access” program.
This is how the Walk-in Access program works: The DWR can lease a tract of private land for hunting, trapping and/or fishing privileges for the use of public recreation. Those who travel on foot, hunters, anglers and wildlife watchers can enter and use the land without obtaining special permission or paying a separate fee. This partnership between the state and private landowners helps maintain important wildlife habitat on private lands and improves public access for wildlife-related recreation on private property.
Fishers should also know that there is still access available on streams that flow through private lands without walk-in access. Where access has historically existed, anglers will be able to walk within three feet of the water on either bank, and are also able to port around obstacles.
This bill is not meant to create dissonance between recreationists and private land owners. This bill is about ensuring that private property owners are receiving the constitutional protection for private properties. Thus making certain private property is not taken or damaged for public use without just compensation. Anglers are still welcome to enjoy the rivers and streams in the state of Utah but are expected to respect the rights that belong to those that own the property on which they use.
To further help open private areas we have passed
SB 281 –
Public access to Stream Beds, Utah Waterways Task force. This task force will be made up of 12 legislators that will study, during the 2010 interim session, areas of the state which have conflicts between fishermen and landowners. The task force will hold public hearings to allow the landowners and fishermen testify about the conflicts in these areas. This process will help the legislature better understand how the problem may be solved. The task force will also address funding issues in regards to expanding the DWR Walk-in Access program, funding to permanently purchase access rights from landowners, and establishment of cooperative fishing management units (CFMU’S).
Public Hearings for areas being studied will be announced on the Senate Site as they are scheduled. Please be involved.