Overreaching: Utah House Bill 141

In its session earlier this year, the Utah legislature passed House Bill 141 which restricts stream access for recreational use where public water flows across private land. This includes fly fishing.

"Restrict" is my word. The law now states that you can "float on" the surface of public water flowing over private land but you may not touch the stream bed - that's private. This means no wading in public water that crosses private land. This also applies to other recreational use, such as rafting.

The new law contradicts 75 years of Utah Supreme Court opinions that stream beds over which public waters flow are public and may be touched without risk of trespassing.

Public abuse of private land is unfortunate and I'm sympathetic to that concern. I own private recreational land on which there is a public road easement. Four-wheelers are on my private property daily and I occasionally deal with garbage or other evidence of public use on my private land.

My issue is not that private land should be unprotected. My issue is that the legislature overreached and ignored other, more balanced legislation, including HB80 sponsored by Orem's Lorie Fowlke, which had broad support of both landowners and the recreation industry.

Why the fuss? I have three primary concerns:

1. Punish the guilty, not the innocent.  HB141 effectively closes fly fishing access to a material portion of rivers and streams that have been fished without incident for decades.  The fly fishers I associate with are generally the most considerate, conservation minded of all outdoor enthusiasts.  If the concern is mistreatment of land by trespassers, give private landowners remedies with teeth in them against those who offend. 
2. Private use, private dollars.  Public tax dollars will now be going to maintain the quality of water and fish to which the public will no longer have access (effectively).  If a private landowner now owns the stream bed he or she should pay for the maintenance of the water and fish in that section.
3. Lost revenue.  Fly fishing is a billion dollar industry and many both inside and outside the state are simply choosing to take their fishing dollars to other more "fishing friendly states," such as Montana.  This impact is presented well in this editorial by Steve Smith, owner of Western Rivers Flyfisher.  Besides, the law just makes Utah look silly to fly fishers in other states.

Despite my objections to this legislation, I really didn't expect it to impact me much.  To my surprise on my first trip to the Provo River after the legislation took effect I ran into the sign below warning me I was on private land (poor quality photo with my iPhone since I was afraid to get closer as I may have been at risk of trespassing).

Finally, when I fly fish I like to leave the river or stream better than I found it and I often carry out garbage.  Before HB141 I would have exited the river where the sign is, picked up some garbage I saw on the bank near the sign, and gone on my way. 

My apologies to the landowner that HB141 prevents me from helping keep his or her riverbank property clean.