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Public Rights on Rivers in Utah

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Public Rights on Rivers in Utah

Post by NationalRivers on Tue 12 Aug 2014, 10:25 am

There is a public easement under federal law to canoe, kayak, raft, boat, fish, fowl, and walk along the banks of navigable rivers in every state.
However, there is money to be made by denying this public easement. Landowners, their lawyers, and government agencies deny it in many places. This is very confusing for the public, but federal law is clear: There is a public easement to use the beds and banks of navigable rivers in every state, including rivers that are navigable only in kayaks or canoes, with portages, and only during the wet season of the year.
Even so, you should avoid going to court about the public easement, because prosecutors will spend taxpayer dollars to prosecute you, while you will spend your own money to defend yourself. Even if you win in court, the decision may still be disregarded by state and local officials, just as the existing U.S. Supreme Court decisions confirming the public easement are being disregarded in many places. Therefore, instead of going to court, you should use materials from the National Organization for Rivers (NOR) to educate landowners, sheriffs, and other officials about the public easement under existing federal law, on navigable rivers and creeks in every state. NOR coordinates the national movement to restore the public easement on rivers and creeks nationwide. If you want to restore your rights to canoe, kayak, raft, boat, fish, fowl, and walk along the banks of rivers and creeks everywhere, join or donate to the National Organization for Rivers.

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Re: Public Rights on Rivers in Utah

Post by wasatchbill on Thu 04 Sep 2014, 9:51 pm

Sounds great, but why is it such a battle to get state laws to follow the federal law? 
Lets just say state law in Utah, for starters. 
There is a new fence across the South Fork of the Ogden river, as of this spring, for example. 
Thanks!
Bill
PS: I went over to the Buzz to see if you had posted on a more active forum, and found a good thread. Havent had time to read it all. 
http://www.mountainbuzz.com/forums/f41/does-the-law-support-your-rights-to-recreate-on-rivers-51020.html

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