A section of the Provo River near Victory Ranch in Woodland Valley. Photo: Trent Nelson, Salt Lake Tribune.
In April 2011, the Utah Stream Access Coalition filed a constitutional challenge to HB 141, Utah’s Public Waters Access Act. The case eventually made its way to the Utah Supreme Court resulting in a remand to the lower court to determine a threshold issue: whether there is basis in historical fact–in the understanding of public easements in the late 19th century–for the easement recognized in Conatser v. Johnson.
On August 16, 2021, Judge Derek Pullan granted the Utah Attorney General’s and Victory Ranch Acquisitions’ Motion for Summary Judgment. In so doing, Judge Pullan ruled: “[t]he Coalition has come forward with substantial evidence that in the last half of the 19th century, Utahns widely and freely touched and used both public and private beds of Utah’s lakes, rivers, and streams for a variety of purposes, including recreation. But, the Coalition has failed to prove that this historical use gave rise to a public easement dictated by our law in the late 19th Century.”
The USAC Board of Directors had the following response to the judge’s ruling:
“While we are deeply disappointed by this decision, which comes after more than a decade of effort in Utah’s courts, the Coalition is in the process of digesting Judge Pullan’s ruling and determining our strategy moving forward. USAC’s Board of Directors will be meeting later this week, and will provide an update on our next steps to restore access.
“It is important to note that nothing in this ruling diminishes what USAC previously accomplished in establishing navigability of the Weber River, or what we stand to accomplish in the future with other navigable rivers.
“As always, we appreciate your continued support and we look forward to continuing the fight to restore access.”
““...nothing in this ruling diminishes what USAC previously accomplished... or what we stand to accomplish in the future.””
The Utah Stream Access Coalition works to promote and assist in all aspects of securing and maintaining public access to, and lawful use of, Utah’s public waters and streambeds. The AFFTA Fisheries Fund ‘s Grants Program is proud to have supported the work of USAC in its efforts to promote enhanced public access to Utah’s fisheries.