Send Lawyers Guns and Money

The proverbial shit is hitting the fan (again) in Utah when it comes to public access. Last week lawyers representing the Utah Stream Access Coalition argued in a Heber City courtroom that HB141 violates the public trust doctrine by limiting public access for anglers, boaters. In all likelihood this case will ultimately be decided by the Utah Supreme Court.

Meanwhile as this battle plays out, a new bill has been proposed by Rep. Kay McIff, the Richfield Republican who sponsored HB141. His new bill, HB68, is being pushed by property rights groups and would limit the state’s public trust obligations to those spelled out only in statute and in the Utah Constitution.

LINK (via: The Salt Lake Tribune)

"Some of the more problematic and controversial uses occurring in Utah are not addressed," he said. "Stream access is an area of concern.

OIA President Frank Huglemeyer raised the issue of stream access as part of the unveiling of Utah Governor Herbert's unveiling of "The State of Utah Outdoor Recreation Vision." prior to last week's Outdoor Retailer Show.

LINK (via: The Salt Lake Trib)

You can help by joining the cause, spreading the word and staying infomed. Head over to the Utah Steam Access Coalition Facebook page and give them a like, share with your network and sign up for their newsletter. They can use all the help and support they can get.

The case has become the latest in a series of attempts to overturn the state’s stream access law

Conservative property rights groups and conservation organizations have become involved in the bitter, eight-year legal fight over access to Montana streams from bridges.

Two conservative groups – the United Property Owners of Montana and the Political Economy Research Center – have filed friend of the court briefs in the case between a sportsmen’s group and Madison County. In addition, Montana Trout Unlimited has entered the fray on the other side to support the Public Lands Access Association in the case.

LINK (via:The Missoulian)

Utah judge says streams are public assets

A Utah judge agreed Monday with anglers arguing that all rivers and streams are public waters, but he has yet to decide whether a law restricting access to them went too far.

Both sides saw hope in the ruling.

LINK (via: The Salt Lake Tribune)

Kudos again to the Utah Stream Access Coalition for fighting the good fight.

No funding, no trespassing

The Voluntary Public Access and Habitat Incentive Program incentivized owners and operators of privately held farm, ranch and forest land to voluntarily give hunters, fishermen, hikers, bird watchers and other recreational outdoor enthusiasts access to land for their enjoyment. Program funds were made available to states and tribal governments through a competitive process. Eligible states and tribal governments could request funding for existing public access programs, to create new public access programs, or to provide incentives to improve wildlife habitat on enrolled lands. VPA-HIP funds may be used to provide rental payments and other incentives, such as technical or conservation services to landowners who, in return, provide the public access to their land.

Before breaking for Thanksgiving, Congress voted to de-fund the Voluntary Public Access and Habitat Incentive Program (VPA-HIP) as part of the FY2012 agriculture appropriations bill. 

Steve Kline Director, Center for Agricultural Lands at the Theodore Roosevelt Conservation Partnership writes about why this is a short sighted decision.

Provo River - Ault Easement

The Utah Stream Access Coalition continues to fight the good fight when it comes to the rights of anglers to fish public waters in Utah.

In this case they investigate trespass citations given to anglers on the property of Steve Ault and discover that there is legal public access, something Mr. Ault disputes.

You should cough up some dough for these guys.

The Nuge on Utah Stream Access

The Salt Lake Trib's Brett Prettyman recently had a chance to ask the Motor City Madman Ted Nugent to weigh in on the Utah stream access debate.

"I guess I'd err on the side of freedom. I'd implore the landowners to reconsider and open the waterways. This is the land of the free and one nation under God. This is about a quality of life for all of us. It is critical to have access in the recruitment of future generations of people who love the outdoors and will fight to protect it."

LINK

Meanwhile, is The Nuge really going to slay 20 whales?