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Commissioners discuss bill 386 changes to riverbed access, express concern about private property and navigability standards
Summary
Commissioners discussed proposed changes in "Bill 386" that would change how public access to stream beds is established and would add a "clear and convincing" evidentiary standard to Section 73-29-203.
Commissioners discussed revisions to a pending bill identified in the transcript as "386" that would alter public access rules for stream beds and add evidentiary requirements to establish public recreational access.
A speaker outlined key provisions described in the bill text: an added provision that a person may access or use water on private property for lawful purposes only when the person establishes "clear and convincing" evidence of an easement under section 73-29-203; a clause creating a rebuttable presumption that a stream bed is private property for purposes of access; a requirement that the person claiming…
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