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Posted: 7:18 PM- Fishing enthusiasts are giddy over a Utah Supreme Court decision that allows the public onto streams that flow through private property.

"This is something that will just make the angling community do back flips," said Ed Kent, chair of the Utah Anglers Coalition, said of Friday's ruling.

"This is going to open corridors of extremely productive waters to anglers that have only been accessible to individuals who gained permission from friends to fish private land," Kent said.

The court decision stems from an incident eight years ago, when a rafter was cited for trespassing after walking in the bed of the Weber River owned by a handful of Morgan County ranchers.

But Friday's unanimous ruling allows Utahns to walk on the beds of all streams and rivers, no matter who owns the land beneath them.

The high court said that without the ability to touch stream bottoms, members of the public cannot effectively enjoy their right to recreational activities on state waters, all of which are owned by the public.

The only caveat is that water users must behave "reasonably," "cause no unnecessary injury to the landowner," and "engage only in lawful recreational activities," according to the ruling.

"It's an exciting decision," said attorney Robert H. Hughes, who successfully argued the case before the high court in April. "I'd call it a landmark decision in the body of law on public waters."

But attorney Ronald Russell, who represents a number of ranchers with land adjacent to the Weber River, said the high court has opened a nasty can of worms that will create new legal issues.

"What are reasonable and unreasonable uses?" asked Russell, quoting from the court decision. "What is necessary and unnecessary injury to the landowner?"

"What is the 'stream bed,' and where does it begin and end? At different times of the year you have high water and low water."

Other states have defined the streambed as everything within the high water marks.

Russell noted that until now, Utah law governing recreation on public waters pertained only to floating and boating. "Once you take away the floating requirement," Russell said, "it opens up streams never opened in the past."

Even streams as small as a trickle will be fair game for people who want to fish or wade, he said.

"If you can lawfully get to the water, you can walk up and down it as long as you like," Russell said. "If I had a stream in my backyard, I'd be concerned."

Russell predicted the newly created problems will be solved case-by-case by more litigation, legislation that overrules the high-court's decision or a combination of the two.

The ruling resolves a long-standing dispute between a Roy couple, Kevin and Jodi Conatser, who regularly float and fish on the Weber River, and landowners along a five-mile stretch of the river beginning near the town of Peterson.

"Right on! Sweet! How great!" Kevin Conatser exclaimed Friday after learning the court had ruled in his favor. "Fishermen are going to love me!"

Conatser said that during past trips down the river, landowners have shadowed him on ATVs, offered to fight him and one even threatened to kill him.

"Now we can float down that river without being worried about getting shot by that farmer," he said, adding that he might raft the river this weekend.

"A good float on Sunday," he mused. "That's a good idea."

Attorney Hughes cautioned that the ruling does not allow people to walk the banks of streams that are adjacent to private land. And streams crossing private land may only be accessed from locations that are open to the public.

Landowners named in the lawsuit include Wayne Johnson, Duane Johnson, Randy Sessions, Clark Sessions, Michael McMillan, Lynn Brown, Gerald Stout and Shane E. Matthews. Calls to several were not answered or returned on Friday.

Russell said his clients merely want to protect their property. He said trespassers had damaged fences, barns and irrigation structures.

The Conatsers' legal battle began in June 2000, when they were cited for trespassing by the sheriff after Kevin Conatser intentionally left his raft to walk in the Weber River and fish, and to move fencing strung across the river by a landowner, according to Friday's ruling.

The Morgan County Justice Court found the Conatsers guilty of trespassing. But when the Conatsers appealed to the district court, prosecutors dismissed the charge, citing "uncertainty" regarding the couple's status as trespassers.

Meanwhile, the Conatsers filed a civil suit against the landowners, seeking a judicial answer to whether they had a right to walk in the river.

Second District Judge Michael Lyon ruled against the Conatsers, finding they had the right to touch the river bed only to assist in floating, such as freeing a raft that was stuck.

A 1982 Utah Supreme Court ruling established the public's right to use any surface water for recreation, so long as legal access exists.

"State policy recognizes an interest of the public in the use of state waters for recreational purposes," according to the 1982 ruling.

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