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Utah House passes HB141 to clarify recreational access to waters on private land
Summary
After extended debate over constitutional property rights and process, the Utah House passed substitute House Bill 141 (51–23), which defines when the public may claim recreational access to private waters based on historical use, sets a 10‑year continuity rule anchored to a 1982 decision, and adopts clear‑and‑convincing proof standard.
The Utah House on Feb. 23 passed the first substitute of House Bill 141, a statutory framework for when members of the public may use water flowing across private land for recreational purposes. The measure, advanced by Representative McKiff, passed the House 51–23 and was transmitted to the Senate for consideration.
McKiff, the bill’s sponsor, told colleagues the substitute reorganizes provisions to add definitions for "floating access" and "navigable water," sets the pivotal date for establishing recreational rights at 1982, and clarifies procedures for multiple claimants and quiet‑title actions. "In 1982, our Supreme Court, in reliance on a case out of Wyoming, Day v. Armstrong, declared a floating easement on public waters," McKiff said,…
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