The Utah Stream Access Coalition’s most recent newsletter pulled a critical quote from the Utah Constitution –
Article XVII of the Utah Constitution –
All existing rights to the use of any of the waters in this state for any useful or beneficial purpose, are hereby recognized and confirmed.
The access battle in Utah is about to get interesting again.
From USAC’s newsletter –
After just over four years of persistent effort, both stream access cases are approaching final resolution at the district court level. A third court hearing in the Provo (right-to-use) case is scheduled before Judge Derek Pullan on December 22, 2014. Depending on the outcome, a short trial before Judge Pullan could soon follow. The Weber (navigable-for-title) case is scheduled for a 4-day trial before Judge Keith Kelly the last week of January 2015, which should resolve all issues in that matter. Once resolved at the district court level, both cases will likely end up in front of the Utah Supreme Court.
If all goes according to plan, one or both of the district courts will issue their final rulings before the end of the upcoming Legislative Session – giving our elected officials something to think about while both cases are appealed to the Utah Supreme Court.
Hearty kudos to the attorneys working pro bono for USAC as well as the USAC team for hanging in on this fight.
There are still a host of costs associated with the process, and particularly given the upcoming guaranteed highly anticipated appeals to the Utah Supreme Court, the USAC team has set a fundraising goal of $17,000 by 1 January 2015 to offset costs.
$17,000 in recognition of Article XVII. Sounds like a fine plan to us.
Donate here or mail one in.
Treasurer
Utah Stream Access Coalition
P.O. Box 91154
Salt Lake City, UT 84109
Git ‘er done.
[To answer the inevitable email or comment question ahead of time: Why do we have a dog in the Utah fight?
Stolen public access is stolen access no matter where it happens; what’s happened in Utah is simply wrong and if left unchallenged could establish disastrous precedent for other locales where treasured public access remains.
We also have a large flock of friends in Utah who’d cover our back in a fight and we’re more than happy to do the same. Finally, my entire family first picked up fly rods in the Beehive state and have a sentimental fly fishing attachment there. So skip a coffee and a burger this week and send ’em 10 bucks; then plan a run to fish the high lakes in the Uintas this year. ]
