11-27-2008, 02:22 AM
[cool][#0000ff]I don't make or interpret the laws. But, as a sheriff explained it to me...the land is privately owned...from the Utah County park at Lincoln Beach clear around to Goshen. It has not been clearly defined in the rulings, but traditionally the high water mark is the point at which the public has a right to access to the shoreline and the waters beyond. However, there is no ruling that insists that a land owner make the shoreline available, through public access easements or roads. They can post the property and lock gates if they want, to keep people from crossing their property.[/#0000ff]
[#0000ff][/#0000ff]
[#0000ff]My guess is that as long as you waded below the "high water mark", you could probably not be cited...as long as you entered the water from a public access point...like the county park. [/#0000ff]
[#0000ff][/#0000ff]
[#0000ff]The people who are being cited are walking along the roads or going through locked gates to get down to the water. I know of nobody who has been called out of the water to get a ticket. But, if when they leave the water they walk up a road or otherwise cross posted property they are violating the no trespassing signs.[/#0000ff]
[#0000ff][/#0000ff]
[#0000ff]It has been this way for years. During high water periods they close it all off. During drought years, when there is a lot of exposed shoreline below the high water line, they sometimes open it to anglers.[/#0000ff]
[#0000ff][/#0000ff]
[#0000ff]From what I have heard...rumors only...access to the shoreline may never be available to us again, except by coming in from the open lake. If that resort and planned community is built, it will probably be much like Saratoga Springs...with private facilities and restricted access.[/#0000ff]
[signature]
[#0000ff][/#0000ff]
[#0000ff]My guess is that as long as you waded below the "high water mark", you could probably not be cited...as long as you entered the water from a public access point...like the county park. [/#0000ff]
[#0000ff][/#0000ff]
[#0000ff]The people who are being cited are walking along the roads or going through locked gates to get down to the water. I know of nobody who has been called out of the water to get a ticket. But, if when they leave the water they walk up a road or otherwise cross posted property they are violating the no trespassing signs.[/#0000ff]
[#0000ff][/#0000ff]
[#0000ff]It has been this way for years. During high water periods they close it all off. During drought years, when there is a lot of exposed shoreline below the high water line, they sometimes open it to anglers.[/#0000ff]
[#0000ff][/#0000ff]
[#0000ff]From what I have heard...rumors only...access to the shoreline may never be available to us again, except by coming in from the open lake. If that resort and planned community is built, it will probably be much like Saratoga Springs...with private facilities and restricted access.[/#0000ff]
[signature]