House approves Utah Waterways task force after amendment to 'rebalance' access and property rights

The Utah House of Representatives on March 11, 2010, passed Senate Bill 281 to create a 12‑member Utah Waterways Task Force to study access to stream beds, funding options for securing access and cooperative management of fishery units. Sponsor Representative McKiff said the panel would include members from both chambers and both parties and would prepare a final report, including any proposed legislation, to the Executive Appropriation Committee before November 30."The task force shall study issues concerning private property rights and public recreational access on public waters, including restrictions of access to private beds of public waters, state purchases of both short and long term access rights, funding methods for purchase of access rights and development of our cooperative fish management units," Representative McKiff told colleagues.

A fiscal note of $42,000 to facilitate the task force’s work was reported during debate. Representative Falk offered Amendment 1, which deleted the word "competing" from a provision and aimed, she said, to "rebalance the rights of access with the rights of private property ownership and making recommendations." Supporters argued the change would ensure the task force had balanced objectives; opponents warned the amendment risked reopening settled debate and could impede a cooperative spirit. Representative Ferri urged a constructive approach: "We want to be able to have a task force that has a spirit of cooperation, not a spirit of antagonism."

The House first debated the amendment, and after a division vote the amendment passed 38–33. The House then voted on the amended bill; SB281 passed the House 65–6 and was returned to the Senate for further consideration. The record shows the House adopted the amendment and the bill as amended on the floor, and the next procedural step is Senate consideration of the House‑amended measure.