Competing bills that would govern boating and fishing in public waters on privately owned stream beds are about to collide in the Utah House of Representatives. One, HB80, would formalize public access to virtually every privately owned stream bed in the state in line with a 2008 Utah Supreme Court decision. The other, HB141, would amend the 1919 law that was the foundation of the court's decision and prohibit public access to private stream beds unless the property owner grants permission or the private stream bed has been used by the public for recreation for 10 consecutive years.

HB80 would sacrifice private property rights to public recreation. HB141 would tip the balance the other direction. Because the Legislature has a constitutional duty to protect private property from uncompensated takings, it should pass HB141.

Two years ago, the state Supreme Court ruled that because state law declares that all water is public property, the public has an easement to play in the water and touch the stream beds that lie beneath, even if they are privately owned. That means folks can use the public water to swim, boat, fish, wade, hunt, and touch privately owned stream beds as long as they don't injure the landowner unnecessarily.

This expansive ruling gave the public recreational access to any stream, lake, pond or puddle in the state, regardless of who owns the land around or beneath them, so long as folks use a public access point to enter the stream or lake and don't barge across private land to get to the water. This has caused widespread confusion about trespassing and anger among private property owners, who don't relish the idea of strangers playing in their backyard just because it happens to include a creek.

HB141 would shore up rights of private property owners. However, on sections of streams such as the Provo and Weber where property owners have allowed the public to play for years, the bill would establish formal public recreational access, and the Division of Wildlife Resources could file quiet title actions to acquire that access. About 55 percent of Utah stream miles already are publicly owned.

HB80, by contrast, would open the floodgates to recreationists on any stream, no matter the size. It would, however, create a certificate program to teach people about the limits of the easement and rules to respect private property.

Of course, there's always been a way for the public to gain access to private stream beds. Ask the owner's permission. That still should be the standard.