Hundreds of angry anglers and river enthusiasts, some wearing hip waders, rallied on the steps of the State Capitol on Thursday, seeking to kill a proposed bill that would limit their access to streams running over private property.
Demonstrators, some carrying signs critical of HB187, shouted "Access! Access! Access! Let us fish Utah's waters," in reference to a bill sponsored by Rep. Ben Ferry, R-Corrine. The bill is a response to a Utah Supreme Court ruling that said recreationists are legally entitled to walk on any stream bed.
In an interview, Ferry said he is trying to clarify the easement granted by the court while balancing the rights of private property owners and recreationists. The bill's first formal hearing is set for 2 p.m. today in room 445 of the State Capitol.
Demonstrators claimed Ferry's bill will hurt recreation and tourism.
"All waters in this state are owned by the people and we have a right to use those waters," Glade Gunther, of Utah Water Guardians, told the crowd, many of whom carried fly rods and fishing nets. "The Supreme Court ruling last summer made it clear that the easement on state water was not effective unless it extended with it the ability to use that easement. The court determined that it was lawful to touch the stream bed in order to recreate."
Ferry said lawmakers are responsible for defining terms of the easement granted in the ruling, which permits access to Utah stream beds even if the water runs through private land. He said neither private landowners or anglers are happy with the bill, even though he met with both sides while preparing to draft it. He emphasized that the bill would not restrict access to rivers or streams flowing through public land.
While the bill lists some specific waters that would remain accessible, it also establishes a board made up of recreation, wildlife, property owners and agricultural interests that could recommend other waters that should be open. Ferry pledged to sponsor bills adding access if the board recommended it.
Lisa Roskelley, spokesperson for Gov. Jon Huntsman Jr., said the governor won't take a position on the bill until he sees the final version.
Several speakers and tackle shop owners at the rally said Utah would lose tourism dollars to such states as Montana and Idaho, where anglers can access any river bed. In Montana, for example, the public may recreate on any river and stream but can't enter private land bordering those waters or cross private land to gain access.
Rock musician Huey Lewis had to share the stream bed on his property along Montana's Bitterroot River after that state's Supreme Court ruled the public should have access.
"It would have a huge impact on us if these waters are closed," said Steve Schmidt of Salt Lake City's Western Rivers Flyfisher shop. "It nationally sends a bad message that there is limited access to streams in Utah. We are competing with Idaho and Montana where the access law is better. This affects Utah in a negative way."
Among those speaking against the bill Thursday were Ted Wilson of the Utah Rivers Council; Paul Dremmond, who chairs the Governor's Blue Ribbon Fishery Advisory Council; Bob Diblee of Trout Unlimited; and tackle shop owner Byron Gunderson. Hunters and river runners also attended.
One major concern for anglers is a provision in the bill that would prohibit fishing within 500 feet of a home. The Utah Rivers Council maintained that will restrict access to fishing holes the public has enjoyed for decades.
But Ferry said property owners are entitled to some privacy.
"From a private property rights perspective, a person should not be allowed to fish right in the front of someone's back porch," said Ferry. ""You don't want a guy standing in the middle of the stream waving at you."
The northern Utah legislator said the bill would not affect any of his property. In fact, he said he and his brother sold five acres on the Bear River to the Division of Wildlife Resources so a public boat ramp could be built there.
"I believe firmly, and can demonstrate that I believe, in access and in balance," he said.
HB187 would regulate what streambeds are closed to recreational use when the water runs over private property. The bill lists sections of 14 rivers that would remain open, even if adjacent land is private, and creates an advisory board to review and recommend to lawmakers new rivers or segments that should be added to the list.
Anglers and boaters say that, if the bill passes, they will lose access to all stream beds, granted in a unanimous 2008 Utah Supreme Court ruling.
