The clock is ticking on the access battle brewing in Utah.
If you’re a reader of many of the busiest fly fishing blogs, you’ve no doubt perused something lately about the good work the Utah Stream Access Coalition is doing as the showdown over waterway access in Utah looms closer.
This debate is a big one, as Utah’s move to curtail previously established access privileges via the horrendously bad bill in 201o (HB141) caught recreational water users off guard and emboldened those (often greedy bastards) who wrongly aspire to disembowel established public access in other states around the country.
I learned to fly fish in Utah in 1984 on accessible water that’s, as of 2010, now illegal to fish; my kids cast their first casts on noodily glass rods on those same Utah waters. We no longer live there but some of that Utah water and our friends there are very dear to us.
[A couple of disclosure points:
- Access is a passion of ours, and we’ve written about it extensively in the past, even devoting a category to it here on Chi Wulff. Though I can construct a hypothetical scenario in which restricting access might be the best option, to my recollection in the 7+ years we’ve been writing Ch Wulff we’ve never seen a situation where more aggressive access restrictions were the right thing to do.
- We’re not anti-property rights, in fact far from it. We’ve owned property in Montana for years and in fact have a business that buys and sells land across the country. We have fought and will continue to fight for the rights of property owners, against the unlawful taking of property (it does happen) and for the enforcement of standing laws (trespassing, littering, property damage, etc) as long as we’re still standing. ]
So why is Utah’s access battle and the upcoming tussle over HB37 so important? Here are the keys –
Protection – HB37 protects both public water access AND property rights; the bill doesn’t create new access nor does it take private property away from owners.
Access Boundaries – using the easy to understand below the ordinary high water mark standard.
Encourages Enforcement – Opposition in Utah (and Montana in the past) has raised the issues of trespassing, property damage and littering, activities which are all against the law, yet under-enforced. Sportsmen will need to step it up and enforce their ranks as well.
Landowner Liability – Frivolous lawsuits have driven landowner concerns in the past; Utah addressed this appropriately last year in HB347.
Compromise has been key in the process. Read the details in the bill; not all waterways would be eligible to have access restored (smaller waterways have been a sticking point in the process to some degree). HB37 would also terminate two lawsuits grinding their way through the system, burning resource dollars along the way (against the 2010 HB141 act itself and the Weber River navigability case).
Further evidencing the spirit of compromise, and despite what some of our fly fishing brethren would have you believe, a red shirt Utah House Rep (Dixon Pitcher) is sponsoring the compromise-focused HB37. Don’t fall for the red shirt / blue shirt ruse; quality leaders should be known for their actions, not their party affiliation.
There’s been a public discussion about the value of recreation. And it’s not just been in terms of nominal dollars spent, but the value of access to the culture and quality of life in the state. Not only are Utah’s recreational spending dollars jaw-dropping (hey, the ski industry and lots of very nice powder bring the bucks), but there’s been a truckload written and said about the contribution rational access opportunities make to the quality of life for everybody. And that contribution is huge. And priceless.
Get it done.
It’s rally time on the 11th. A strong showing will be invaluable.
Friends in Utah, contact your legislators.
Out of staters who want to help, there are three key contacts to send a readable, cogent note to –
- Governor Gary Herbert via this link.
- Utah State Legal Counsel – Jacey Skinner | jskinner@utah.gov | 801.538.1645
- Sr. Environmental Advisor – Alan Matheson | amatheson@utah.gov | 801.538.1574
The USAC is getting all their working via volunteer effort and contributions – even a fiver helps get it done. Donate here.
