SALT LAKE CITY --Accessing public rivers on private land will get harder based on a bill that passed the House of Representatives on Tuesday.
Representatives easily stopped a bill on Monday that was considered a compromise bill on streambed access and just as easily passed House Bill 141.
"As I look at the issues involved in these two pieces of legislation, I find myself even drawing closer and closer to those things outlined in our constitution," said Rep. Steven Mascaro, R-West Jordan.
Debate centered around the rights of the property owners versus the right of public access to the water that is considered state property.
The issue has been a hot button since a Utah Supreme Court ruling in 2008 that it was OK for the public to touch down on streambeds on private property under certain circumstances. The decision was cheered by fishermen and other recreation groups while being jeered by property owners.
"We have that right, the absolute responsibility to stand up and clarify that," said Rep. Kerry Gibson, R-Ogden.
To clarify:
* The court's ruling would be undermined by the bill making clear that there is no recreational right on private property.
* Any expansion of public access will be subject to constitutional restraint, which requires protecting property rights.
Much of the bill was substituted Tuesday morning, causing concern among opponents that momentum for private property owners would push it through before such a complex issue could be vetted.
"I feel that in opposing this bill I'm opposing motherhood, fatherhood, apple pie and cherry pie combined," said Rep. Sheryl Allen, R-Bountiful, who has a lakeshore home she contends has always been treated respectfully by the public.
"I don't think we have quite the balance here based on my own experience."
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