Gov. Gary Herbert should veto House Bill 141, an attempt by the Legislature to circumvent a Utah Supreme Court ruling that allowed Utahns access to streams that cross private lands.
Water in this state is managed through funds paid by us, the taxpayers. The court has already made it very clear that it's our water and our fish. Why should an angler or other recreationist be denied a right to enjoy part of Utah's beauty that all of us pay for? With HB141, private landowners have the unfair chance to have their own private fishing areas on our dime. That's not right, as again, the Utah Supreme Court correctly observed in 2008.
The court stated the obvious -- that all public water belongs to the public. At that point, private property owners and ranchers ran to their best friends in government, the Republican-dominated Utah Legislature. The result is HB141, which restricts the court decision to only allowing recreationists to float across the streams. However, if an established 10-year use of a stream can be "proved," then recreationists will be allowed to wade through the stream. That provision would start on May 10, 2011.
HB141 is not going to end a long debate that is primarily between ranchers and anglers. The bill, if signed into law, will certainly face a court challenge. Utah's high court may have to slap down the ranchers again.
We have a better solution. Legislators have promised to continue studying this issue. Veto HB141 -- which is a sop to property owners and an insult to taxpayers -- and instead create rules that protect private property owners with streams on their land. Make sure they are not liable for accidents or abuse caused by recreationists. If recreationists litter or damage property, then they should pay steep fines. If they are injured due to their actions, they cannot sue the private property owner. That's a fair compromise.
Public pathways, waters and roads belong to everyone. No restrictions are allowed. That's a lesson the Legislature forgot. Either Gov. Herbert, or the courts, will eventually remind them of that.
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