Back on Wednesday the 22nd, the Utah Supreme Court unanimously ruled in favor of the Utah Stream Access Coalition in the case debating the navigability of the Weber River; read the decision here.
Kudos to USAC for winning round one, and in particular to their counsel – Cullen Battle and Craig Coburn for constructing and conducting a masterful approach to the case.
From USAC last week –
Today is an historic day for Utahans and, in particular, the members of USAC. This afternoon, the Utah Supreme Court unanimously ruled in favor of the Utah Stream Access Coalition and confirmed that the Weber River is navigable where it crosses over the “one-mile stretch” of landowner defendant’s properties.
In the decision, the Court acknowledged the statehood-era use of the Weber River to float logs from the headwaters in the Uinta Mountains downstream to Echo where they were taken out and used for commercial purposes such as construction of railroads, prop timbers for Park City mines, saw timbers and cordwood. “We conclude that there was sufficient evidence to support the district court’s determination that the relevant stretch of the Weber River was commercially useful on a regular basis, and not merely in an occasional season of high water. And we deem that evidence sufficient to establish navigability of the river where it crosses the property at issue in this case.”
In recognizing the utility of log drives to determine navigability, the door is open to apply this standard to other similar-sized and useful rivers throughout the state. USAC looks forward to these future discussions with the state to address the status of these waters. Please give the state time to digest the decisions and issue appropriate guidance to anglers as to where they can and can’t fish before you grab your rod and reel.
When the time does come, we want to remind you of these very important points:
- Please respect private property.
- Pick up trash if you see it.
- Stay below the ordinary high-water mark, and never, ever trespass to get on or off the water.
This is a resource that belongs to all of us, and it’s of utmost importance that we be impeccable stewards of that resource. Don’t be that guy (or gal) that undoes all we’ve worked for.
Press coverage in the Salt Lake Trib here and here.
Pending the outcome of the Provo River case in particular (the outcome should be known soon), the upcoming legislative session in Utah could be most interesting for river access advocates.
