03-12-2010, 05:39 AM
Lawmakers upset with a state Supreme Court ruling that they considered a taking of private property rights passed a bill to close off public access to many streams crossing private lands.
HB141 allows anglers and others to wade in public waters crossing private lands only if there is an established 10-year pattern of public use there.
That thwarts the 2008 court decision, which opened all public waters to public use, though fishing and boating advocates have suggested that a court test of the new law is assured.
The issue has degenerated into a political feud between anglers and ranchers over the last two sessions, and this year the ranchers came out on top.
Cowboy hats filled the galleries of both the House and Senate as they considered the legislation.
The bill, sponsored by Rep. Kay McIff, R-Richfield, was amended to preserve a right to float across all public streams where it is possible to do so without touching the bottom. It won a legislative duel with a competing bill that would have affirmed the court's decision. A task force will study the issue.
Email: kaymciff@utah.gov
Address: 225 N 100 E, RICHFIELD, UT 84701
Home Phone: Work Phone: 435-896-4461 Cell Phone: 801-608-4331
I think we need to send a special email to rep kay mciff for trampling on our constitutional rights [mad][mad][mad]
[signature]
HB141 allows anglers and others to wade in public waters crossing private lands only if there is an established 10-year pattern of public use there.
That thwarts the 2008 court decision, which opened all public waters to public use, though fishing and boating advocates have suggested that a court test of the new law is assured.
The issue has degenerated into a political feud between anglers and ranchers over the last two sessions, and this year the ranchers came out on top.
Cowboy hats filled the galleries of both the House and Senate as they considered the legislation.
The bill, sponsored by Rep. Kay McIff, R-Richfield, was amended to preserve a right to float across all public streams where it is possible to do so without touching the bottom. It won a legislative duel with a competing bill that would have affirmed the court's decision. A task force will study the issue.
Email: kaymciff@utah.gov
Address: 225 N 100 E, RICHFIELD, UT 84701
Home Phone: Work Phone: 435-896-4461 Cell Phone: 801-608-4331
I think we need to send a special email to rep kay mciff for trampling on our constitutional rights [mad][mad][mad]
[signature]