Photo courtesy of Francisco Kjolseth, The Salt Lake Tribune
In May 2023, the Utah Supreme Court ruled the 2010 Public Waters Access Act remains as law. The ruling is a set-back for anglers and other recreationalists hoping to gain wider access to many of Utah’s waterways.
In 2010, the Utah Legislature passed the Public Waters Access Act restricting the public’s ability to access privately-owned steams. The law prohibited recreational water users (including anglers, kayakers, tubers, hunters and others) from walking on the private bed of a public waterbody. Shortly after the bill was passed in 2010, the Utah Stream Access Coalition filed suit against a real estate development company that was excluding people from areas of the Provo River it owned. The recent Utah Supreme Court ruling keep the 2010 law in place and effectively prevents future loosening of rules concerning access without legislative relief. A November 2017 Utah Supreme Court ruling granted public recreational access on a segment of the upper Weber River, based on the river's historic navigability.
So for anglers fishing in Utah the law means that you, whether fishing or recreating in public water that flows over private property that is closed to trespass, may not walk on the land beneath the water without obtaining landowner permission. The current law allows you to float or fish on the surface of the water, even if you're floating over private property that is closed to trespass, under the following conditions:
Water volume. The water must have sufficient width, depth and flow to float your vessel.
Stopping prohibited. You and your vessel must move with the current and not anchor or stop.
Public water. The water must flow in a natural channel, or it must collect in a natural lake, pond or reservoir on a natural channel.
· Excluded water. The public easement to float does not apply to any of the following waters on private property: A jurisdictional wetland (as defined in 33 C.F.R. 328.3); An impounded wetland, which means a shallow body of water formed or controlled by a dike, berm or headgate; or a migratory bird production area (as defined in Utah Code Section 23-28-102).
Landowners close their property to trespass by posting a notice or otherwise communicating that access is prohibited. Irrigated pastures, cultivated lands and certain fenced areas are presumed closed to trespass.
For more on the court’s recent action: Utah Supreme Court upholds law making it more difficult to access waterways, much to the dismay of outdoor enthusiasts, Salt Lake Tribune, May 25, 2023.
To learn more about the work of the Utah Stream Access Coalition.
For more on current regulations: Utah Division of Wildlife Resources.