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House rejects bill to statutorily limit public recreational access on private-stream beds
Summary
After extended floor debate on competing definitions and governance, the Utah House voted 34–41 on March 3, 2009 to reject the second substitute of HB187, a measure that would have identified streams and set rules for public recreational access across private property.
The Utah House on March 3 debated and then rejected the second substitute of House Bill 187, a contentious measure that would have defined when and where the public may use streams flowing across private property.
Representative Ferry (sponsor) framed HB187 as balancing private-property rights with the public’s right to recreate on waters that are public property. The second substitute proposed a named-list approach to identify streams suitable for public recreation, removed a prior 500-foot-from-home denial-of-access provision, and changed the advisory committee composition; it also sought to clarify changes following the recodification of Section 76.
A central legal backdrop to the debate was a recent…
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