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Utah House rejects bill narrowing public access to private stream beds after hours of debate

Utah House of Representatives · February 22, 2010
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Summary

After hours of floor debate over balancing public stream access and private property rights, the Utah House voted to defeat House Bill 80, which would have set limits on recreational use of stream beds and added liability and certification requirements.

The Utah House voted down House Bill 80, a proposal to define and limit public recreational access to stream beds on private land, following an extended floor debate that highlighted deep divisions over property rights and public access.

The bill’s sponsor, Representative Falk, said HB80 was intended as a compromise to balance the public’s interest in recreational access with private property protections. Falk described provisions that increase liability protections for landowners, set an ordinary-high-water-mark standard or, if that cannot be determined, require "wet feet" for users, and limit portage to manmade obstacles. She said the bill would make trespass presumptively prohibited unless users comply with the act and would create an access certificate and online course for recreators to improve…

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