New River Access Bill to be filed

[doggonefishin]

RE"Somebody above said this is a " Federally accepted standard for navigability."

That standard may be "Federally accepted" but it is far from mandated."

Since it is a standard that has held up in court and is accepted as a precedent in reviewing subsequent laws, yes that standard is "mandated" (as you put it) by the courts in deciding legal challenges like what we have here.


RE"Every state sets it's own definition of navigability on smaller flows of water that do not flow outside there borders. {per the tenth amendment} "

Since most water flows to the ocean, I'm not sure that applies in most cases. Here in Utah, with some of our water flowing to an internal basin, you may have a argument in select cases, but I do not accept what you wrote here as fact. The Weber river lawsuit, if it goes through to completion will settle that one. Waters that meet federal navigability standards are not automatically exempt from that just because they don't go through multiple states.

States do set up their own regs regarding non navigable water as you noted and as we are struggling with here with this issue.
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