What a difference a year makes. Last year at this time Utah anglers and other river recreationists were preparing themselves for a Legislative battle they seemed to have little chance to win. Perseverance paid off and HB187, which would have limited public access to stream and river beds running through private property, was not defeated just once, but several times.
Anglers have organized again for the 2010 Legislative session, but this time they head to Capitol Hill in support of a bill rather than fighting one and this time they are not going it alone.
Jeff Hartley, former Utah Republican Party executive director, has been hired as a lobbyist to represent anglers at the Legislature. The anglers have also found an ally, or at least someone who would listen to their concerns while constructing a new stream access bill, in Rep. Lorie D. Fowlke, R-Orem.
Fowlke said she was approached by officials from the Division of Wildlife Resources and others concerned about the stream access issue to work on and then sponsor a bill for 2010. Fowlke said the issue has no personal connection to herself or necessarily to her district.
"It has nothing to do with me other than I am an attorney who understands reasoning," Fowlke told me before the session started. "Something needed to be done and I know water law."
The stream access issue was muddied after years of presumption in the favor of landowners when the Utah Supreme Court unanimously decided that citizens own the water and have a right to float and touch the bed of the streams in the summer of 2008.
Ferry's bill -- Recreational Use of Public Waters on Private Property -- was the first response to that decision and it came out highly in favor of landowners and was, in fact, trying to take away access that existed on major rivers even before the Supreme Court ruling.
"The Supreme Court decision left so many questions unanswered," Fowlke said. "It did not really define the scope of the easements."
So Fowlke started holding meetings last summer for all parties interested in the issue. Some showed up for the early meetings and then quit attending when they realized the new bill was not what they wanted.
"There were a lot of players there. We wanted to let everyone have their say. Some wanted to see us try to overrule the [Supreme Court] decision," Fowlke said. "That was never my intent. The court ruled unanimously that the public is entitled to all lawful recreational activity having to do with water. Because it was unanimous, any bill against that would likely be overturned as unconstitutional."
Fowlke said some landowners with waters flowing through their properties stuck with her through the crafting of HB80, Public Access to Private Stream Beds.
Most landowners did not like the Supreme Court ruling, but realized that if they wanted their concerns addressed that they should be a part of the bill.
"We put in as many safeguards as we could," Fowlke said. "If we didn't do anything the private property owners would be even more at risk. Anglers understood that no one wants strangers walking around their backyards and they were in agreement that their should be landowner protections."
There are rumored to be at least two other possible stream access bills that could be introduced during the 2010 session. But chances are those, like Ferry's effort in 2009, will come out completely one-sided in the favor of landowners.
It seems that only Fowlke involved all the parties interested in the issue and came up with a solid bill that helps clarify questions left unanswered by the Supreme Utah Court ruling.
Supporters of the stream access bill are holding a rally at the Capitol on Feb. 5 at 11:30 a.m.
Chris Barkey, one of the leaders of the grass roots charge against HB187 last year said he is pleased with HB80 as it was originally released.
"It's the only bill that has been worked on by groups from all sides. Any other bills that come to the Legislature will be out of greed and self-serving interests without any input from the public," Barkey said. "This bill is about rights and preserving them. My two sons will have the right to recreate on the waters this state long after I take my turn and, hopefully, so will their children."
Brett Prettyman is an outdoors columnist. Reach him at brettp@sltrib.com

