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+--- Thread: Fishers of Utah win a Major Victory (/showthread.php?tid=951708)
Fishers of Utah win a Major Victory - Troll - 11-05-2015
It has been decided that the fishers of Utah DO have the right to access public rivers and streams where they flow across private property and that the "public Waters Access Act" is unconstitutional as written.
Read more here and check out the link to the full 61 page decision.
http://myemail.constantcontact.com/ACCESS-RESTORED---Judge-Rules-In-Favor-of-Public-Access.html?soid=1104773210955&aid=LTfacI45bKs
Now is the most important time to donate to USAC for the defense of the appeals that will most likely be filed which will send this decision to the Utah Supreme Court.
If every fly fisher in Utah would donate the price of a leader and a gallon of gas, USAC would be able to mount an argument that will increase access by 2,700 miles the amount of rivers and streams that can be fished by the public.
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Re: [Troll] Fishers of Utah win a Major Victory - BigCountryUT - 11-05-2015
Awesome news! I've been really anxious waiting for a decision.
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Re: [Troll] Fishers of Utah win a Major Victory - sinergy - 11-05-2015
YES !!! What a Great Victory !!! Kudos to the Utah Stream Access Coalition and Judge Pullman for recognizing the illegitimacy of HB141
Great Job guys
Sidenote: anyone know if this take immediately or when it might take effect ?
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Re: [Troll] Fishers of Utah win a Major Victory - BigCountryUT - 11-05-2015
Here is a link to a story about the ruling on the Tribune:
[url "http://www.sltrib.com/news/3141689-155/judge-invalidates-law-says-utahs-trout"]http://www.sltrib.com/news/3141689-155/judge-invalidates-law-says-utahs-trout[/url]
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Re: [Troll] Fishers of Utah win a Major Victory - albinotrout - 11-05-2015
Woohoo!
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Re: [albinotrout] Fishers of Utah win a Major Victory - remo_5_0 - 11-07-2015
May have to go give Victory Ranch a try.
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Re: [Troll] Fishers of Utah win a Major Victory - aspiringflymstr - 11-11-2015
This is wonderful news. Growing up and fishing in Idaho, this was the hardest thing for me to deal with moving to Utah. I was use to staying below the high water mark and being able to fish any water in Idaho. When this law was passed it was very frustrating. I'm very excited to see that it will be changing.
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Re: [Troll] Fishers of Utah win a Major Victory - southernbass - 11-12-2015
So when does it actually happens?and now there's no private property?
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Re: [southernbass] Fishers of Utah win a Major Victory - Troll - 11-13-2015
It happened last week. The ruling was made and took effect instantly.
Nothing at all has changed concerning private property in regards to this ruling. Private property is still private property, even the private property that lies beneath the water flowing over it.
All that happened is that the courts affirmed the easement for the public to the waters and their use. The public can now use the water ways and one of the ways they can do that is recreation, of which fishing is considered a part of. They can also use it for travel and commerce, all without landowner permission.
What they cannot do is to trespass on the non-streambed portion of private property. They must stay within the Ordinary High Water Mark, (OHWM). They must access the streambed from public property, like a bridge. Then they must stay in the streambed and must exit the streambed at a public access point.
So be nice, don't be obtuse, show respect to the landowners. If they challenge you be nice. Explain what happened, don't get loud or belligerent. If they call the police explain to the officer what the court ruled. If they tell you to leave you will have to chose between leaving or getting a ticket and fighting that in court.
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Re: [aspiringflymstr] Fishers of Utah win a Major Victory - Bmarsh - 11-13-2015
[quote aspiringflymstr]This is wonderful news. Growing up and fishing in Idaho, this was the hardest thing for me to deal with moving to Utah. I was use to staying below the high water mark and being able to fish any water in Idaho. When this law was passed it was very frustrating. I'm very excited to see that it will be changing.[/quote]
Same thing for me. Grew up in Idaho fishing out of Idaho Falls and the way it was here just made me shake my head.
Colorado was even worse. There the water under the water is the private and no easement unless its navigable so all of the streams end up being private. Those that aren't private get fished so hard that it almost wasn't worth your time.
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Re: [Bmarsh] Fishers of Utah win a Major Victory - aspiringflymstr - 11-13-2015
Oh Geez, Ya I guess it could be worse and we should be grateful for what we have. Idaho Falls huh? I grew up in Pocatello, I miss fishing the South fork of the Snake, so many good memories there.
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Re: [aspiringflymstr] Fishers of Utah win a Major Victory - Bmarsh - 11-16-2015
[quote aspiringflymstr]Oh Geez, Ya I guess it could be worse and we should be grateful for what we have. Idaho Falls huh? I grew up in Pocatello,[#000000] I miss fishing the South fork of the Snake[/#000000], so many good memories there.[/quote]
Just a little bit
Actually transferred from Provo to Rexburg so I could fish more. My dad has a 21' jet that we would have on the water at least twice a week during the summer and fall. Got cast and blast? But we actually found a place closer to your home town with less people, and a lot more big fish per fish caught. If you still fish up that way PM me when your headed up and Ill share it with you, may already know it, but not many fish it.[signature]