Tour of water with Legislature

Chris brings us another update from the field.

We met at the Sinclair in Wanship around 2PM.

Attendees -
Representatives-Ferry, Fowlke & spouse, Draxler, Allen & spouse & Powell
DWR-Walt Donaldson, Robin Thomas, Clint ??? (Started DWR walk in access program)
Farm Bureau-Sterling Brown
TU-Bob Diblee
URC-Gwen & Bob Springmeyer
Kayakers-Jeff Salt & Rep. Allen (her son is Kayaker)
Landowners-Michael Cornu & Mr Grow from the Weber between Rockport and Brown’s Canyon
Anglers-Cary & I (Chris Barkey)

We left at 2:15 to head over to the Weber east of Wanship to show access ladders and bridge access.

The DWR handed out literature on varying walk in access programs from the CUP, DWR WIA, Rehabilitation access, etc. They spoke at length regarding the compensation and the benefits. We started on a tailwater that was more an irrigation ditch to distinguish that “ordinary high water mark” vs. freestone, like the upper Weber or Provo.
Mr. Cornu asked if we would allow the group the time to stop at a residence in Brown’s Canyon and we obliged for the sake of compromise. Mr. Grow and Mr. Cornu had compelling stories regarding private property rights but nothing that helped define the “easement” itself. If anything the stop helped our case in regards to the needs of enforcement being enhanced. We encouraged the landowners to have people cited for trespass but that couldn’t happen effectively until the easement was defined. The DWR defended the ability to educate anglers on the easement and we re-enforced that with the education citations would provide.

With limited time we hurried to the vehicles and headed over to the Upper Provo. We parked roadside and had to walk to the “highway right of way” easement issue. We were able to identify locations that would be accessible to the public and answer further questions about “ordinary high water mark” vs. “wet boot”.
Farm Bureau kept asking how we could say “ordinary high water mark” was what the previous laws “streambed” verbiage meant when they believe it is the “water”. My only reply is they used the words “stream bed” not “water”, they do mean something entirely different. My best guess is they would have used the word “water” if it was water they meant…does that make any sense??

With many questions answered the DWR had to scoot but Rep. Fowlke still wanted to see the Victory Ranch issue. We were again able to show the access issue, the portage of “natural obstructions” and how they change and the “ordinary high water mark”, in a clear and concise manner.

We didn’t get to show much in the way of manmade obstructions like fences but the issue is on their minds and the portage is necessary.
We had multiple dialogues from lots of voices on the issue of funding to accomplish the tasks that would be necessary with this legislation. The DWR is taking this issue seriously and I believe the kayakers are starting to watch it very closely, so there should be some great topics in the near future.

I did ask Rep. Fowlke to seriously consider just defining the easement itself and worry about the funding issues separately or in other words APPROPRIATE appropriately. Overall I think the process helped and there are some opportunities ahead of us all.
Many photographs were shot by Rep. Fowlke’s husband, I hope he shares them with me so I can post them here and you can see how good I looked in my gear.

-          Chris Barkey

MEETING UPDATE – 10/31…..Notes from Chris Barkey

re: recreational us of water over beds

There was a new draft presented in print but not it’s not available for the web yet.

Marty Bushman addressed concerns of the DWR regarding the fee issue and about funding. Jim Karpowitz stated a survey has been sent out to 40K anglers and they would like all language regarding funding excluded until they receive those results. The question is in regards to a $1.00 license increase I believe. I did mention that the funding may already exist in regards to the Gov. appointed Blue Ribbon Advisory Council. The avg. costs from Montana/Idaho showed at near $200.00 per project I would say the dollars needed measured around 40k to complete, based on 2000 projects. The BRAC has spoken often on the record about being able to throw money at these projects and, maybe,  here is their chance. It is going to get looked into.

The other topic was the actual user paying a fee but there seemed to be difficulty in thoughts on how to capture kayakers, birders, etc. with a fee and the fact it may not be necessary. Add all that to the DWR WIA program and other funded access areas and walla.

The issue of wet boot was still a hot topic for landowners but the new definition of bed was beneath ordinary high water mark. There will be no navigability definition and the definition of private bed will be changed to reflect existing code if I understood them correctly. There will also be no definition of a vessel. They still try to define public/private water, but there was not much discussion on those topics due to time. But I will address them at the next meeting.

With “Bed” being defined I personally see no reason to define public or private water being that private water is not in question. It is what is captured by shares. Whether that be for irrigation or home use I don’t think is a question.

The definition of recreational activity was another fun topic. There was an addition from the last draft about ingress and egress with a 5′ limit from the water. I believe it will not be in the next draft being unnecessary and in direct conflict with the definition of a “Bed”.

The hunting issue was a big topic in the sense of where water fowlers are divided….Public hunting vs. Private hunt clubs.

That is about the gist, there is another meeting scheduled and there will be another draft so I will do my best to update you as soon as I can.

- Chris Barkey

The First Draft

On October 12^th Representative Lorie Fowlke (of Orem) released a first draft of possible legislation regarding the easement recognized in Conatser v. Johnson, the landmark decision by the Utah Supreme Court recognizing a public easement to utilize water by the touching of privately owned stream beds.   A meeting was held the following day with all stakeholders present to discuss the bill.  Representative Fowlke acknowledged that this was only an attempt to put the collective thoughts on paper, and it’s only a starting point working towards what will hopefully be a quality streambed bill this legislative session.

Some of the major issues discussed were that hunting was excluded as a legal recreational activity under the easement.  The language was sticky and many unexpected consequences could result.  It will definitely be re-worked, but hunting is still at danger of being excluded.

Portage was also discussed at length.  This draft of the bill allows for man-made obstacles to be portaged, but not natural obstacles.  This raised a question for boaters who encounter a fallen tree that was not there the day before; going back upstream isn’t an option.  The history of portage, being designed for natural obstacles was also raised, but Representative Fowlke raised concerns with that.  She stated she liked the idea of taking the river as you find it as a compromise with portage.

There was also proposed a mandatory $5 public access stamp for anyone who purchases a fishing or combination license to help offset costs associated with portage, and public access in general (IE- enforcement, public education, etc).  The DWR expressed concerns over the increase of costs for all, when only a small percentage will access these specific waters.  The DWR will be doing a survey with anglers to find out the public feeling.  Is it fair for a $1 increase for all anglers or should the small percentage of anglers who will utilize this easement have to foot the cost at a much larger price tag?  It’s certainly something to think about.

The meeting ended with the debate about what the streambed should be.  Landowners are asking for it to be wet boot.  And if not wet boot, wet boot plus 5 feet from the water.  Anglers and others are asking for the area within the ordinary high water mark.  This definition is consistent with other western states that have tackled this easement issue.  And it’s also easier to enforce than any of the other definitions.  This is the best definition for all involved.
There is a tour scheduled for next week with representatives, anglers, landowners, and the DWR to see first hand the issues involved in this legislation.  We’re hoping to show how cooperative easements have worked in many places already around the state.  We’re hoping this hands on experience will do good things for this legislation, as many of the representatives have not seen any of the places they are being asked to discuss.

Overall it was a good start to the bill.  A lot of language was taken from Ben Ferry’s bill HB 187 last year.  That was problematic for many, as that bill was just plain and simply a bad bill.  We are hopeful that we can get away from using that as a template, and just start new.  A sub-committee was formed and future meetings will be held to continue shaping this important legislation prior to the 2010 legislative session.

Draft PDF –>Fowlke Access Bill

HB 187 ….DEFEATED TODAY….FINALLY!

After (3) substitutes Bills, (20) amendments, the Bill failed in the House, a 43-31vote today, March 9, 2009.

The public did the unthinkable, again. Not only did they sink the Bill the first go around, but they did it again for the second time today, 3/9/09. A great deal of determination, spirit and integrity stood up and brought down HB 187 AGAIN!!!! HB 187 has been defeated once and for all!

A heartfelt THANK YOU to everyone who wrote their Representatives, called, lobbied, informed, spoke out, went with out sleep, work, food and fishing to fight for something we believe in…time and time again. Even though we encountered a few bumps in the road, we all stood together to see it through till the bitter end. Today our elected Representatives spoke on behalf of the people and once again, today, the people were heard! Everyone played a big roll in this victory, congratulations and bravo for sticking it out.

The next phase will be working to get a respectable Bill passed that meets on common ground, one that is reasonable to the Utah Supreme Court Ruling, and fair to all citizens. We must remain motivated and watchful in our attempt to protect our waters.  Value our freedom and civil rights by taking care of our resource for generations to come.

Link to final vote - http://le.utah.gov/~2009/status/hbillsta/hb0187s3.007h.txt

We have (2) more request.

1. Please write your Representative(s) and let them know how they did. We sent thousands of emails and they answered hundreds of our calls, we need to extend our hand and say thank you! They worked hard for us; let them know you appreciate it.

If you’re rep voted “yes,” it’s perfectly fair to ask them for an explanation, particularly if they went against something they said previously. It’s OK to call them on it so long as it’s done respectfully. It’s also good to point out anglers CAN and WILL work with landowners to find a permanent solution. We just need to be part of the process from the start. No more of this back-door, secret, “my way or the highway” stuff.

2. Please use our precious resource with respect, humility and pride. Pick up that trash, repair that broken fence, mend the relationships with landowners and respect private property. We will be looked at very closely this year, let make sure we show them we are Guardians of the water and Stewards of the land. This year it’s extremely important to abide by the law and make the effort to lend a hand to landowners. This is just as important as eliminating the Bill.

Thanks again everyone, it wasn’t easy and we appreciate your honest efforts. My hat it of to you all!!!! We all came together with a unified voice…. residents and non-residents alike, extraordinary work everyone!

Well done!

See you on the water!

HB 187 Circled AGAIN!!!

On Friday, 3/6/09 HB 187 was circled, yet again, for the 3^rd time.

The House re-convenes on Monday 3/9/09 @ 9am for debate.

• If you were unable to watch or listen to the debate, we recommend you do so.  Be informed; Use the information in the debate when you call your legislator and the Governor.
  • LINK — > http://recordings.le.state.ut.us/mp3/house/rhouse-0306092.mp3

(Fast forward the first quarter)

Another list of rivers was added, for a grand total of (41). Representative’s Draxler’s amendment was shot down. Representative Powell spoke with passion, respect and duty to the people of Utah, and it is very clear our voices were heard. Please let Powell and Draxler know we also hear them, loud and clear; please pass along a thank you and positive email/phone call.  Let them know we (public) stand behind them, as they stand behind us (public).

Brief recap of Representative Powell’s sincere honest speech

• Navigability standard in the bill is “erroneous, it is irrelevant, it is redundant and it is not well defined in the Bill”
• More time needed to “Listen, deliberate, and draft” and repeat.
• Huge Policy Change of a Century if Representative Draxler’s amendment fails.
• “Tourism industry is threatened to take a big hit by this Bill”
• “Cried when he read emails from people who got involved for the first time and because of their voice, this bill was voted down and here we are voting for it again”.
• “The Bill cannot go forward without Draxler’s Amendment.”
• The constituents are now the special interest groups.

RIGHT NOW

• CALL YOUR REPESENTAIVE

• CONTACT YOUR SENATOR (as a precautionary method, due to last weeks odd events… anything can happen)
  • TAKE ACTION NOW, CONTACT INFOMATION – (LINK) -> http://utahwaterguardians.wordpress.com/action/

• CALL THE GOVERNORS OFFICE!! – This is important. Leave a message “I’m against HB 187″.
  • 801-538-1000
    800-705-2464
    Fax 801-538-1528

Please note – BE CIVIL AND RESPECTFUL – While we all recognize that this is a “hot button” topic, it is important to remember that we are trying to acquire allies; not enemies. There are a variety of ways to convey your concerns about an issue without resorting to demeaning, crude, or offensive tones.

Right Now!!!!

CALL and EMAIL your Representative…… AND GET 5 OF YOUR FRIENDS INVOLVED!!!!!

The Floor vote could happen this afternoon – Friday 6, 2009.

IF you have not already contacted your Representative, RIGHT NOW is the time to do so.

We beat this once before, we can do it again.

Now is the time to push, this is the final countdown. We literally have hours, contact your representatives now!

They need to hear from fresh voices

1. Tell them you just caught wind of this
2. You have not contacted them before
3. This process and lack of public input is unacceptable
4. The Bill is Confusion
5. ASK questions…. questions are the answer.

Take action now!!

NO!!!!! HOLD THE PRESS!!!! –

HB 187 is BACK!!!

In an unfortunate and dramatic turn of events, Representative Ferry pulled HB 187 out for a “motion to reconsider”, the motion was GRANTED. Representative Draxler made the motion, and now HB 187 has come back to life. An amendment(s) is going to be made to the Bill in order to sway votes, which we find interesting as Rep. Ferry stated yesterday, “This amendment is totally unacceptable”.

HB 187 is now “circled” (on hold) and back on the calendar. The Bill can be back on the floor as early as tomorrow morning, March 5, 2009.

We need people at the Capitol Building tomorrow morning @9 am. (Thursday 3/5/09 and if need be on Friday 3/6/09) If you can make it, come join us.

We need you to CALL and EMAIL your Representative RIGHT NOW!! Tell them to Vote NO on HB 187!

It’s down to the wire; we need your support to kill this bill. This cannot and will not happen without your voice!

This coincides with the standing belief that the overall PROCESS of this Bill is flawed!! This last ditch effort is unwarranted and honestly, very disrespectful to the public; we should not stand for this type of behavior. Let them know where you stand (in a respectful way) and tell them that this is unacceptable.

Here is the second substitute HB 187  –>  http://le.utah.gov/~2009/bills/hbillint/hb0187s02.htm

HOT OFF THE PRESS - HB 187 is defeated!!

Breaking news — The House of Representatives voted the Bill down today 34 – 41!!!!

The public did the unthinkable, sunk HB 187! A big thanks to everyone who wrote their Representatives, called, lobbied, informed, spoke out, went with out sleep, work, food and fishing to fight for something we believe in. Today the people spoke, and today the people were heard!

We are proud of each of you, residents and non-residents alike. Everyone played a big roll in this victory. We all came together with a unified voice…. fantastic work everyone! Wow, unbelievable.

Link to final vote – http://le.utah.gov/~2009/status/hbillsta/hb0187s2.004h.txt

We have (2) more request.

1.      Please write your Representative(s) and let them know how they did. We sent thousands of emails and they answered hundreds of our calls, we need to extend our hand and say thank you! They worked hard for us; let them know you appreciate it.

If you’re rep voted “yes,” it’s perfectly fair to ask them for an explanation, particularly if they went against something they said previously. It’s Ok to call them on it so long as it’s done respectfully. It’s also good to point out anglers CAN and WILL work with landowners to find a permanent solution. We just need to be part of the process from the start. No more of this back-door, secret, “my way or the highway” stuff.

2.      Please use our precious resource with respect, humility and pride. Pick up that trash, repair that broken fence, mend the relationships with landowners and respect private property. We will be looked at very closely this year, let make sure we show them we are Guardians of the water and Stewards of the land.

Thanks again everyone, it wasn’t easy and we appreciate your honest efforts. Well played.

See you on the water,

Bryan Gregson

LATEST EVENTS – 2/28/09

We’ve been lobbying at the capitol all week, thanks to everyone who has
taken the time to do so!! It has been another asset in this long-winded
battle and we gained significant momentum in doing so. We need to keep the
pressure on, especially this week.

• Rep. Ferry circled the bill (HB 187) – The bill is “on hold” –> http://le.utah.gov/~2009/status/hbillsta/hb0187s01.htm<http://le.utah.gov/%7E2009/status/hbillsta/hb0187s01.htm>
• There was a meeting Friday with Representative Ferry — A number of angling interests, URC, DWR, landowners, Farm Bureau, Real Estate, Attorney Generals office, a “listener” from the Governor’s office, half dozen Representatives, etc.

• Nothing was offered, no compromise took place. All angling interests spoke with a unified voice: The *process* was flawed.
• Rep. McIff tried to ram home that the Conatser, JJNP and most every other Utah Court cases that Conatser ruled on are “not accurate.” And we were told, in my opinion, misleading information.

• Rep. Ferry was surprised to hear that the Air boat, waterfowl, duck guys,etc, are upset – “Why are they upset? …It has nothing to do with them,” he said.
• They believe “navigable,” NOT easement, is the issue. However, “easement” IS THE issue!

In a nutshell -

Rep. Ferry did not offer anything other than the HB 187 as is. I believe that Representative Ferry might use this meeting against us/you/public:

(a) If nobody attended, it would have been twisted into an unwillingness to cooperate or communicate.
(b) Since we went and did not agree to HIS terms, we will be viewed as uncooperative.
It’s not that we didn’t listen to the other side or add genuine dialogue, but the bill remains the same, which is clearly unacceptable.

We all know something needs to be done. BUT right now, this late in the game, is not the time to scramble to get “something” passed. No band-aid is big enough to fix this. Observing the dozen amendments provides insight that the Representatives feel there are many significant flaws with HB187, as well as the fact that it’s just plain confusing.

We need to remain steadfast because these issues are too important to speed through or attempt to patch. This goes right back to the point about the entire “process”…Is this how important issues should be approached?

I must say that everyone should know that the DWR stood up for facts and we should all send them a note thanking them. I know lately the DWR in the public’s eye, unfortunately, has been a sore subject. Their actions and words have not always echoed one another, and it created tension. The public’s prompt heavy-handed response (to past weeks’ statements and articles) struck deep I’m sure. BUT the public should be just as quick to respond in a positive way, encouraging them if they stand on the foundation they represent, the public will stand behind them. It’s my humble opinion that a sincere thank you is a good gesture to show that the public is fair and recognizes integrity. I’m not suggesting they spoke out against HB 187 directly, but they voiced out loud and spoke facts, whether it was for one side or the other. And in this case it’s a positive thing for water users, as this is all we have, the fact and the honesty… *”It would be an enforcement nightmare,” said Mr. Karpowitz.*.

Bottom line – we are where we are today because of the masses, the public. If we lose momentum, interest and do not maintain pressure we will ultimately lose. We all need to keep going; the public as a whole cannot continue this without the masses. If you think that this Bill is dead, I assure you that the public has not won anything. The reality of this bill passing has not changed.

Get informed, knowledge is power, questions are the answer.

ATTN: HB 187 House Floor Vote This Week!

House vote as early as Wednesday Feb.25!!Act now!

ACTION! -

· Call, Visit and Email your Representative now!!!! Time is ticking; we have only a few days before the House votes on this important issue! Make your voice be heard! Take action now –> LINK

· Tell everyone you know to speak out. Motivate them to get involved. It’s going to take a joint effort to stand against this bill, the more, the merrier.

WEB WATCH!

· Web Watch. The bill is going to move quickly so keep a sharp eye on the progress.

· Floor –>http://www.le.state.ut.us/~2009/bills/static/HB0187m.html

Take action now, locate your representative -http://utahwaterguardians.wordpress.com/action/

——-
ALSO

“Action Alert” email info
If any of you would like to be included in the bulk “action alert” emails. Please contact me. We are going momentum and need to better organize ourselves.

Title the subject line “GROUP”
Send your name and where you heard about this.

Please contact us at
utahwaterguardians@gmail.com

FYI – many of the small recreational grassroots groups (not just fishing) are talking about putting together a unified “Political Action Committee”. Its just discussion right now but we want to put it out there for those that have an interest.