Utah trespass laws

[Paul]

I have enjoyed reading everyones comments on the blue ribbon fisheries. And Ed Kent as far as I'm concerned, your "The man". Thanks for all you have done and will do I'm sure.

I have fished the weber for years and these no trespassing signs are killing me. I hate to admit it but I trespass constantly. And land owners have confronted me quite alot but most have them have not asked me to leave. My question to all is how close are we in legislation to abolish this incredibly anal "I own the bottom of the river law"

The provo is an incredible river and the fish per mile is outstanding but the pressure is so incredible that in my opinion it greatly takes away from the "experience" I guess I'm spoiled fishing on S.F. Ogden, and Cache valley fisheries. And it always an eye opener to head to the provo and get a slap in the face.

My dream is that someday (I hope in my life time) That the state and fisherman can get a high water mark access here in Ut. And can turn the Weber into a river like the provo and get some of the pressure off the provo.
Tight lines

[jdubya]

In my opin, once the Blue Ribbon Council gets it feet under itself, it should take on the two sacred cows that undercut Utah's ability to support and enjoy quality fishing: water flow and access. We have examples from other western states on how it can and should be done, and if the political will is there it can be done.

But it will take more leadership and action than my paltry letters to the Trib.

What do you think, Ed, Wes???

[mcgx2]

It will be a long uphill battle to change the political mindset of Utah in general. Though it can be done, and the Blue Ribbon Fisheries Council will be of great help, other organizations such as TU and FFF will need to become involved also. The trick is to start small, with projects such as the improvements on the Weber, and show people that these changes can benefit everyone. With a few small "victories" we can gain momentum to tackle some of the more contraversial issues. I guess what I'm saying is the best way for a small group to move mountains is one rock at at time.

mcg

[Wes Johnson]

jdubya and others

The righting is on the wall on trespass. Trout Unlimited has begun discussions with the powers that be about what we can do to gain more access to our rivers and streams.

If Gerry wins the case on the Weber River trespass watch out. There will be a flurry of legislation to protect private property rights. We are already beginning to discuss this matter and hopefully will come up with an agreeable solution for everyone.

TU would much rather take a proactive approach on this issue and work with land owners to gain access. Times are a changing.

[Ouzel]

You have a dream. You work hard, some times two jobs for years, and then you finally have the resouces to fulfill your dream of a small home on a trout stream.
Then every Tom, Dick and Harry who only need to buy a fishing license want free access to walk on your dream.
How would you feel about a change in the law that allows homeless people to sleep on your living room couch since you have that resource.

[Conehead]

Is there any change on the status of the Upper Provo, above Woodland? I learned how to flyfish there, and was pretty upset that it was closed off. I guess that's the way the ball bounces, but I was still a little miffed.

[K.B.]

With all due respect to Ouzel, whose posts on many subjects I agree with (and whose namesake's company I frequently enjoy on the river), I don't find the stranger-in-your-living-room analogy persuasive, particularly when you consider that your hard-working fellow who purchased the home on a trout stream owns neither the water in the stream nor the fish.

Our legal system has long recognized that water and wildlife are public resources (though it is true that water can become private property through appropriation so long as it is applied to beneficial use).

It is also true that the public's use and enjoyment of these resources conflicts with a property owner's right to restrict access to land. That's why the primary approach should be to create incentives for land owners to allow access, focusing on the waters with the greatest potential for quality fishing. Those incentives can be economic; they may also include special regulations to reduce adverse impacts. I believe this is what the Blue Ribbon Fisheries program and organizations like TU are talking about.

What happens after the public has offered to do all it reasonably can to reduce the burden on the landowner, but that land owner takes an absolutist view of his or her property rights? Well, I don't know. Nobody lives forever. Maybe the next owner will be more reasonable.

KB