Chris Allred

Since at least 1903, Utah law has held that the waters of streams and lakes in this state are publicly owned. Moreover, we the public pay to stock these waters with fish and to otherwise maintain them including infrastructure, erosion control, and flood mitigation. Therefore, it is not surprising that the law has long recognized that there is a public easement where those waters naturally occur, and the public has a right to recreate upon those streams and lakes. Recently, however, the Utah legislature passed a bill sponsored by Rep. Kay McIff, R-Richfield, that, for all practical purposes, eliminates the right of the public to recreate upon many of the waters which they own.