# HB 141 court ruling



## Catherder (Aug 2, 2008)

PRESS RELEASE

Issued by: The Utah Stream Access Coalition

Monday, May 21, 2012

COURT MAKES KEY RULINGS IN FAVOR OF PUBLIC ACCESS TO UTAH STREAMS

Today, Judge Derek Pullan of Utah's 4th District Court issued a much-anticipated decision in the Utah Stream Access Coalition's constitutional challenge to Utah's Public Waters Access Act, also known as H.B. 141. While the decision in Utah Stream Access Coalition v. ATC Realty, et al., did not fully resolve all stream access issues in Utah, it did resolve several highly-contested issues in favor of stream access, including: (a) the waters flowing in Utah's rivers and streams are and have always been owned by the public; (b) the public has an easement to use its public waters in place for any lawful purpose, including all recreational activities that use the waters; (c) these rights are protected by Utah's Constitution; and (d) legislative authority to regulate the public's right to use its public waters in place is limited by public trust principles. *Judge Pullan also ruled that the Legislature exceeded its legislative powers under the Utah Constitution when it passed H.B. 141.*

Judge Pullan requested further briefing on whether H.B. 141's access restrictions violate public trust principles. USAC counsel is working on the supplemental briefing and is cautiously optimistic that those efforts will result in a favorable ruling on that issue.

It isn't over yet, but it isn't a bad start! *OOO* -*|*-

Thanks, USAC.


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## kochanut (Jan 10, 2010)

out freaking standing!


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## sawsman (Sep 13, 2007)

Great news!

It pays to fight the good fight! *()*


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## Grandpa D (Sep 7, 2007)

Thank you to everyone that has been involved with this huge issue. I know that this is only a battle in the war but it is great news.

I remember standing on the steps of the State Capitol a few years ago to show the Legislature that we meant business.
That was a small step but I was proud to be a part of it.
Keep up the good work and we all need to remember this when it comes time to vote in November.
Once again we will have the opportunity to make a difference in who remains in office.


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## Mr Muleskinner (Feb 14, 2012)

This is awesome news. This is another fight that deserves everybody's help and attention. It benefits all that want to enjoy access to our streams, not just those that fish.


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## Treehugnhuntr (Sep 7, 2007)

+1


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## GaryFish (Sep 7, 2007)

Nice.


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## martymcfly73 (Sep 17, 2007)

Awesome! Thanks USAC for all your hard work!!


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## rjefre (Sep 8, 2007)

That is great news! Here is what I just sent to my legislator:
*Hi Representative Dee,
It was good to see you at this year's County Convention. In this email, I've pasted a press release concerning the court ruling yesterday on HB 141 (the one that restricts stream access). I'm glad to see that the Judge ruled that the legislature had exceeded its authority in this issue. If this issue is brought up again under a different name/bill number, I hope that you will side with the citizens of Utah that want to recreate on Utah's public waters. Here is the press release from the Utah Stream Access Coalition:*

The USAC has been a fisheman's best friend. The fight continues!
R


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## GaryFish (Sep 7, 2007)

The same thing is going to happen with the bill passed this year that demands the Federal Government return all public lands to the State of Utah.


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## rjefre (Sep 8, 2007)

Why oh why did you have to bring that turd up? The legislature reached new heights of absurdity with that steaming pantload. And yes, I'm sure the legislature will get that ruling tossed back in their face as well. :roll: 
R


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