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House circles substitute for HB141 after debate on recreational use of public water
Summary
Lawmakers substituted and then circled a first-substitute version of HB141, a bill that would limit recreational access to privately owned stream beds to historically established uses and prescriptive rights; further consideration was postponed until the next legislative day.
The Utah House substituted and then 'circled' House Bill 141, a measure that would define recreational public access to private stream beds primarily by historical use standards. Representative McKiff presented the substitute bill as a response to recent court rulings and as an attempt to align statutory language with constitutional property protections.
McKiff said the substitute recognizes three paths to lawful access: navigability (where federal/state navigability definitions apply), established public property, and access established by a prescriptive standard (10 years of continuous, open, notorious use). He argued the approach allows longstanding public uses to continue while preventing new, expansive access that landowners have not historically permitted.
Supporters said the substitute is defensible, fair and seeks to preserve property rights while recognizing historical public easements; Representative McKiff urged colleagues to consider prescription-based evidence of use rather than creating a broad new statutory easement. Opponents and some landowner advocates urged caution, arguing issues of valuation, enforcement and constitutional takings required a narrower remedy or use of eminent-domain-type processes.
Procedurally, Representative Brown moved and the House approved the substitution; following additional floor discussion, representatives voted to circle the first substitute HB141 for morning consideration. Circling means the bill will be returned to the House calendar and taken up at the start of the next legislative day for extended debate.
