RED ALERT: YOUR ACCESS RIGHTS ARE UNDER THREAT – AGAIN!

RED ALERT: YOUR ACCESS RIGHTS ARE UNDER THREAT – AGAIN!

H.B. 386 Seeks to Move the Goalposts for Utah’s Navigable Waterways


A very important ALERT from the Utah Stream Access Coalition

In classic fashion, behind closed doors, without public input, and with funding from unknown sources, one of your elected officials has done it again – drafted a bill designed to further privatize public natural resources – YOUR resources – by making it harder for our waterways to be declared navigable.

You Can Review the Proposed Amendments to the Public Waters Access Act and Track the "Progress" of That Bill Here:

H.B. 386 - Public Waters Access Act Amendments

First, a little background and a question:

Love it or hate it (and we hate it) the Public Waters Access Act of 2010 (a.k.a. the PWAA), which revoked your right to access and enjoy about 2,700 miles of Utah's rivers and streams (some 43% of Utah's fishable waters), has largely remained unchanged for 15 years.

HB386, which came out of nowhere on Monday morning, now proposes to amend Sections 102, 201 and 203 of the PWAA, to (a) change the definition of navigable water, and (b) make it much harder to prove whether a waterway meets the test for navigability (i.e., is navigable).

The obvious question: WHY NOW?

THE ANSWER, as we see it: Utah's Fourth District Court is just about to begin considering whether or not the Lower Provo River was used for commerce (for log & railroad tie drives) before statehood. If it was - and the evidence strongly supports that conclusion (evidence that USAC assembled a decade ago) - then the Provo River is navigable, and its bed and banks are sovereign lands of the state, which are to be held in trust for the people of Utah. Moreover, thanks to the precedent established by USAC's lawsuit on the Weber River, the beds and banks of Utah's navigable rivers are open to public recreational use in perpetuity. So, as you can see, this would be a perfect time (for those who seek to further privatize our public resources) to move the goalposts and make it harder to prove that the Provo River (and every other major Utah waterway that was similarly used) meets the test for navigability.

In a word, this is OUTRAGEOUS.

BOATERS, ANGLERS, & All Water-Based RECREATIONISTS TAKE NOTE: If HB368 passes, YOU lose, and THEY win.

THIS BILL MUST BE KILLED!

FOR MORE INFORMATION AND TO VIEW HOW TO RESPOND TO THIS THREAT IN 4 EASY STEPS - VISIT OUR WEBSITE OR REVIEW THE STEPS BELOW

For a detailed analysis of the potential effects of the proposed amendments, and a discussion, please see "REASONS TO REJECT H.B. 368."

Please ACT NOW to KILL THIS BILL!

Please consider joining us for the first-ever Fishing Day on the Hill from 8 to 9:30 a.m., Monday, February 10th, in the Capitol Rotunda. And, if you have not already signed up, please consider becoming a member or donating to our cause.

Thank You for doing YOUR part,

The Board of Directors

Utah Stream Access Coalition

info@utahstreamaccess.org

www.utahstreamaccess.org

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