From the Utah Stream Access Coalition this morning on the opening day of Utah’s legislative session –
It is URGENT that we all contact our Representatives right NOW to OPPOSE HB68!!
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.
See the USAC Compromise Language here.