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Legislature is in session better protect your A$$

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Legislature is in session better protect your A$$

Post by Ewetah on Mon 28 Jan 2013, 5:24 pm

Today our great legislature is in session! So you what this means for all of Utah's boaters, fisher persons and other river users. We need to reverse the problems created when the Utah Public Waters Access Act was passed a couple of years ago. Here is some important information from the Utah Stream Access Coalition


The 2013 legislative session starts TODAY!

It is URGENT that we all contact our Representatives right NOW to

The assault on public stream access has already begun behind closed doors! House Bill 68 [HB68] WILL lock down Utah's public waters to private interests. TODAY is the time to make a final stand. This is it folks, the battle to unshackle public water will NOT get another chance if HB68 is not passionately opposed by the masses right NOW.

Reasons to OPPOSE HB68

It is a direct attack on our 1st lawsuit in the Heber 4th District court. Rep. McIff is attempting to backdoor the public trust doctrine by claiming that the legislature, as trustee, has accomplished its duties by enacting HB141 "Public Waters Access Act", which we all know did not benefit the public. HB68 also attempts to create a private property right out of water rights to attempt to strengthen McIff and Farm Bureau "taking" claim and intertwine public trust and appropriated water with access/USE. In a nut shell, McIff is effectively making an "end-run" around the judiciary by proposing this legislation.

Reasons to SUPPORT compromise USAC language

It ends the 2 lawsuits and ends the question of ownership of stream beds, which is protecting private property rights, without attempting to define public trust doctrine in Utah which is currently undefined, making HB68 unnecessary. It is fair and balanced and limits access points to those at public right of ways and to existing or future walk in access with the DWR (aside from public land). The 6" diameter and 6' long log test proposed will eliminate the smaller waters running through rancher's fields and draws. We have pushed this type of language for 4 years and now is the time to have compromise rather than fighting.

  • USAC Compromise Language: Click here for PDF Link

What you can to do help right NOW

  1. Find your district Representative

    • LINK - http://le.utah.gov/GIS/findDistrict.jsp

  • 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

  • Last edited by Ewetah on Mon 28 Jan 2013, 8:30 pm; edited 1 time in total (Reason for editing : typo)


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    Re: Legislature is in session better protect your A$$

    Post by Jeff Young on Mon 28 Jan 2013, 6:42 pm

    We're busting our butts to get this done, please support the USAC and our fight for stream access!
    Jeff Young

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    Re: Legislature is in session better protect your A$$

    Post by brianteats on Fri 01 Feb 2013, 6:09 pm

    For all you non-legislative folks out there-

    Essentially, from what I can make out, this bill is contradicting the very law it's part of.
    In that, the original law states public water is property of the public... etc., but HB68 will add a sentance, which states 'water taken for, whatever legal reason, is private property.'

    The implications of this addition, could be construed as the entire waterway is now private property. Hopefully our legislators will catch that and shoot it down, but it never hurts to help them understand.

    I sent my letter.

    Last edited by brianteats on Fri 01 Feb 2013, 6:10 pm; edited 1 time in total (Reason for editing : grammer)

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    Re: Legislature is in session better protect your A$$

    Post by wolffgramm on Sat 02 Feb 2013, 3:03 pm

    i too have contacted my representatives. here is a short video that explains some of the issues.



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    My Representative is Against HB68

    Post by Ewetah on Sat 02 Feb 2013, 9:56 pm

    I spoke with my state representative, Dan McCay, yesterday on the phone. He stated that he was against HB68 and did not think it was good legislation. He wanted to see the two cases that USAC is working on go through the court system.

    I told him that I have never been aware of any situations where river users where damaging private property and that as a whole kayakers and fisher people are good stewards of the land and respect private property rights. I also mentioned the fact that navigable waters should be open to all users and this should include the river or stream bed.

    Oregon allows river users access to the river and river bed up to the high water mark. Utah boaters and outdoor recreationalists should settle for nothing less. Tell your friends and family to get involved with this important issue and make our voices heard!

    Watch the Utah Rivers Council YouTube video that Wolffgramm references.


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    Re: Legislature is in session better protect your A$$

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