During the Utah Boating Advisory Council meeting on May 6, 2025, a significant discussion emerged regarding public access to waterways, led by Herbert Lay, a vice president of the Utah Stream Access Coalition. Lay emphasized the importance of the Public Waters Access Act, which grants the public the right to float on public waters, regardless of who owns the riverbed.

He highlighted the ongoing need for the state to address the navigability of its waterways, noting that only a few larger rivers have been officially declared navigable. Citing a Supreme Court ruling from 1870, Lay argued that rivers used commercially before statehood are considered highways of commerce and must remain open for public use up to the ordinary high watermark.

Lay also referenced a 2008 Utah Supreme Court decision that affirmed public rights to access even privately held stream beds, a ruling that was later overturned by the legislature. He urged council members to review the Public Waters Access Act to understand the legal framework surrounding these rights.

The discussion underscored the coalition's commitment to securing access for all water-based recreationists, including boaters and anglers, and called for a state review of navigability to ensure compliance with existing laws. This conversation is poised to influence future policies on water access in Utah, reflecting the ongoing tension between private property rights and public recreational access.