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Thread: Good News for Utah Anglers?

  1. #1

    Default Good News for Utah Anglers?

    Got this in an email this morning;

    Monday, May 21, 2012

    COURT MAKES KEY RULINGS IN FAVOR OF PUBLIC ACCESS TO UTAH STREAMS

    Today, Judge Derek Pullan of Utah’s 4th District Court issued a much-anticipated decision in the Utah Stream Access Coalition’s constitutional challenge to Utah’s Public Waters Access Act, also known as H.B. 141. While the decision in Utah Stream Access Coalition v. ATC Realty, et al., did not fully resolve all stream access issues in Utah , it did resolve several highly-contested issues in favor of stream access, including:
    (a) the waters flowing in Utah’s rivers and streams are and have always been owned by the public
    (b) the public has an easement to use its public waters in place for any lawful purpose, including all recreational activities that use the waters
    (c) these rights are protected by Utah’s Constitution
    (d) legislative authority to regulate the public’s right to use its public waters in place is limited by public trust principles.

    Judge Pullan also ruled that the Legislature exceeded its legislative powers under the Utah Constitution when it passed H.B. 141.

    Judge Pullan requested further briefing on whether H.B. 141’s access restrictions violate public trust principles. USAC counsel is working on the supplemental briefing and is cautiously optimistic that those efforts will result in a favorable ruling on that issue.
    "Joe"

    "We fish for pleasure; I for mine, you for yours." -James Leisenring

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  3. #2

    Default Re: Good News for Utah Anglers?

    Fingers crossed.

  4. #3
    Join Date
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    Default Re: Good News for Utah Anglers?

    "Send lawyers, guns, and money!" Warren Zevon
    "Thomas Jeff..." Senator Reisman (Sam Shepard) Swordfish

  5. #4
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    Default Re: Good News for Utah Anglers?

    Hopefully, this situation of stream access will turn around in favor of the public! We can only hope.
    Larry


  6. #5

    Default Re: Good News for Utah Anglers?

    Quote Originally Posted by milt spawn View Post
    "Send lawyers, guns, and money!" Warren Zevon

    Luckily the "lawyers" working with USAC are working 'Pro-Bono'. "Guns"....being Utah, there's plenty on both sides of the fence. And "money", well that's where the pitfall is.
    The public wants access to these waters but so far has not really donated that much to help in this fight, and the landowners have plenty of $$$.

    So here's a "shout out" and a thank you for the lawyers helping USAC. If you would, check out the USAC site and tell them their efforts are appreciated, maybe even donate a buck or two, it would help cover some of the cost associated with this effort.
    Happy New Year from Utah Stream Access Coalition « utahstreamaccess.org
    Last edited by fysh; 05-23-2012 at 09:52 PM.

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  8. Default Re: Good News for Utah Anglers?

    Quote Originally Posted by fysh View Post
    Fingers crossed.
    Fysh! I didn't know there where other fly fishing victims like me in Plain City!
    "Bait is for little fat kids"

  9. #7

    Default Re: Good News for Utah Anglers?

    R U kidding me!!! Are you from PC too?

  10. Default Re: Good News for Utah Anglers?

    Well I lived out here just west of the high school for 5 or 6 years but I just recently moved back up to north Ogden. Love plain city though.
    "Bait is for little fat kids"

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