But the waters get a little muddy on the issue of whether these rafters, as well as anglers, can walk on the streambed underlying a river as it flows on private land.
A lawyer for a Roy couple who float and fish in the Weber River contends that an easement allowing the use of public waters for recreation includes the right to stand on the riverbed while fishing.
"The water is there for all lawful purposes," Robert H. Hughes told the Utah Supreme Court on Thursday, adding that wading in the river to fish is one of them.
But Ronald Russell, an attorney for landowners along the river, said that argument is all wet. He pointed out that his clients own the ground underneath the river and argued that they can restrict others from walking on their property.
"The easement is to be upon the water, not to be upon the bed," Russell said.
The arguments centered on an issue of major interest in a state where water is scarce and outdoor recreation is popular: Whether public ownership of rivers includes the right to walk on the bed while engaging in an activity such as fishing.
Kevin and Jodi Conatser say it does.
"I'm here to stand up for people who like to raft, to fish and to float," Kevin said Thursday outside court. "No one owns the Weber River but the people."
The Conatsers, who operate a beauty salon in Roy, say they put a rubber raft in the Weber River on June 4, 2000, at a public access point and started to float down to another public access point.
As they made the trip, their raft skidded along the streambed in shallow areas and their paddles touched the bottom occasionally, according to their court brief. In addition, Kevin's fishing tackle came in contact with the bottom and he walked along the streambed to fish.
The husband and wife say they were confronted by property owners who ordered them off the river, but they refused and continued downstream on their raft to their exit point. They were met by a Morgan County sheriff's deputy, who cited them for criminal trespass.
The Conatsers, who were found guilty in a county justice court, later filed suit against the deputy and a number of landowners. They asked 2nd District Judge Michael Lyon to rule that they have the right to be on the riverbed.
But Lyon said touching the bed on private property is permissible only to assist floating, such as freeing a raft that is struck. The Conatsers appealed, leading to the Supreme Court arguments.
Outside court, Russell said landowners are just trying to protect their property. Outsiders who have gone onto the streambeds and even the land above the watermark have damaged fences, barns and irrigation structures, he said.
"It's a problem of drawing the line," Russell said. "If you can walk on the streambed, that would give you the right to walk anywhere there is a trickle of water."
The justices took the case under consideration.
