February 2009

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HB 187 to House Floor!

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/

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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.

ALERT – Committee Tomorrow!!!!

HB187 is up for committee consideration tomorrow: 2/20/09

Our Representatives will vote on whether this bill moves on. We need a strong showing of support. EVERYONE needs to be there.

This is more important than the rally!!!!

WHEN: Friday 2/20/09 @ 2:00pm

WHERE: Capitol Building – Room 445

Link– http://le.utah.gov/asp/interim/Commit.asp?Year=2009&Com=HSTNAE

Capitol Rally

ATTN: ALL WATER USERS

***RALLY @ THE CAPITOL BUILDING!!!!***

When: Thursday February 19 @ 10:00 am

  • Meet on the East steps. Use East parking lot. As a group we will move inside the capitol building to the Rotunda area where we will hold a press conference at 10:30am.
  • Specific meeting/parking/driving directions at the bottom of the page.

WHY: ALL RECREATIONAL WATER RIGHTS ARE AT RISK!

EVERYONE NEEDS TO BE THERE! EVERYONE!!

House Bill  187

Use of Public Waters

  • CREATES CRIMINAL CONSEQUENCES FOR THE LEGAL ACTIVITIES YOU ENJOY ON PUBLIC WATERS
  • TAKES AWAY WATERS YOU’VE ALWAYS HAD ACCESS TO
  • ALLOWS PRIVATE LANDOWNERS TO KEEP YOU OUT OF PUBLIC PROPERTY
  • SEVERELY DAMAGES THE ECONOMY OF UTAH’S OUTDOOR INDUSTRY
  • PUTS PRIVATE INTERESTS OVER THE INTERESTS OF THE GENERAL PUBLIC
  • WASTES DOLLARS AND EFFORTS ALREADY SPENT ON IMPROVING FISHERIES AND HABITAT
  • CREATES CONFUSING AND CONFLICTING RULES THAT COULD RESULT IN YOU GETTING CITED FOR PARTICIPATING IN A LEGAL ACTIVITY
  • CREATES A COMMITTEE THAT CAN FURTHER REMOVE WATERS FROM PUBLIC ACCESS

Users of this resource have not had the opportunity to contribute or exchange ideas on this issue. Any proposed legislation should have the backing of an intensive planning committee, within the parameters outlined by the Utah Supreme Court’s ruling, with representation of all interested parties.

BOTTOM LINE –>This issue is too important–to landowners and sportsmen alike–to rush it through the session.

____________________________________________________________________________________________

DIRECTIONS

PARKING/DIRECTIONS - http://www.utahstatecapitol.utah.gov/visitors/parking.html

ROTUNDA DIRECTIONS - http://utahstatecapitol.utah.gov/visitors/virtualtours/index.html

FREE Rally flier for you to download in your efforts to help spread the word. Paste it, stick it, plaster it, pin it, tape it everywhere, make this public! (Universities, hotels, workplace, forums, websites, etc)

Free download –>flier_rally_v2

YOUR RIGHTS ARE AT RISK!

House Bill  187

Use of Public Waters

  • CREATES CRIMINAL CONSEQUENCES FOR THE LEGAL ACTIVITIES YOU ENJOY ON PUBLIC WATERS
  • TAKES AWAY WATERS YOU’VE ALWAYS HAD ACCESS TO
  • ALLOWS PRIVATE LANDOWNERS TO KEEP YOU OUT OF PUBLIC PROPERTY
  • SEVERELY DAMAGES THE ECONOMY OF UTAH’S OUTDOOR INDUSTRY
  • PUTS PRIVATE INTERESTS OVER THE INTERESTS OF THE GENERAL PUBLIC
  • WASTES DOLLARS AND EFFORTS ALREADY SPENT ON IMPROVING FISHERIES AND HABITAT
  • CREATES CONFUSING AND CONFLICTING RULES THAT COULD RESULT IN YOU GETTING CITED FOR PARTICIPATING IN A LEGAL ACTIVITY
  • CREATES A COMMITTEE THAT CAN FURTHER REMOVE WATERS FROM PUBLIC ACCESS

As hard as we have tried to distill the extreme complexities, contradictions and vagaries of HB 187, we could do no better than the following letter submitted by a concerned citizen. It is a lengthy letter, but it touches very well on all the issues we are concerned with. And since we are doing our best to represent the citizens who have been left out of the creation of this bill, we hereby acknowledge this letter as our official position on HB 187 -  Use Of Public Waters.

Continued here –>our-position-on-hb-187

“lawmaker wants to close many of the state’s riverbeds to anglers and boaters”

http://www.ksl.com/index.php?nid=148&sid=3805258

February 12th, 2009 @ 10:31am

SALT LAKE CITY (AP) — A lawmaker wants to close many of the state’s riverbeds to anglers and boaters.

House Bill 187, sponsored by Rep. Ben Ferry, R-Corinne, was released Wednesday. The bill would designate the beds of sections of 14 Utah rivers as open to recreational use by anglers and boaters but would close all others.

Last year the Utah Supreme Court ruled that anglers and boaters are allowed to walk on any stream and riverbed, even those on private land.

The bill’s opponents say it undoes the court ruling and puts rivers out of reach.

Ted Wilson, executive director of the Utah Rivers Council, says recreational river users will seek to change or kill the bill.

The bill also would create a seven-member board to make recommendations on adding to the list of open riverbeds.

LINK

—— Information from: The Salt Lake Tribune

(Copyright 2008 by The Associated Press. All Rights Reserved.)

The Bill, HB187, has been released to the public. We are currently reviewing it and will be issuing a course of action within 24 hours.

We stand against this Bill 110%

Print a copy now –>http://www.le.state.ut.us/~2009/htmdoc/hbillhtm/HB0187.htm

“The list [of the 14 rivers] is way inadequate,” said Ted Wilson, who heads the Utah Rivers Council and promised that recreational river users would be at the Legislature early next week working to change or kill Ferry’s bill. “It is leaving lots of good fishable water out. This a $700 million industry that we are harming here. We are losing what we had before the court opined.”

Wharton: HB187 » Anglers and boaters vow to fight legislation.

By Tom Wharton

The Salt Lake Tribune

Draper angler Chris Barkey said the 14 waters listed in the original bill are already too popular and that restricting access to other waters would put even more pressure on them. He lamented that waters such as Diamond Fork, Huntington Creek, Thistle Creek, the Beaver River and Currant Creek were excluded.

The bill would limit access to areas where anglers’ money and time, as well as taxpayer dollars, were used to re-establish native cutthroat populations, Barkey said.

“We’re not trying to harm anybody’s land or cow,” he said. “We just want to enjoy some peace and quiet.”  –> LINK

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February 7, 2009

THE BILL HAS BEEN TITLED AND NUMBERED

Bill Introduced -> “H.B 187 Recreational Use of Public Waters” (Ferry, B.).

Bill Numbered by Title without any Substance, PDF -> H.B 187

  • Some refer to this as a “Boxcar Bill”: Often members of both parties’ leadership introduce what’s called “boxcar” bills-bills with general titles, like “tax changes”-that contain no text. They are introduced just in case, at the end of a session, the bill file is needed for last-minute action.

WEB WATCH!

  • Web Watch!! Subscribe to each of the 3 subscription process separately to be notified of changes in each update. Bill –>http://www.le.state.ut.us/~2009/htmdoc/hbillhtm/HB0187.htm
  • Notice that Bill 187 is called “Recreational USE of Public Waters“. Each word is important to understand so that, when you comment to your legislator or other advocates for your rights’ interests, you will be talking about the subject at issue.

Here is the Conclusion of the July 18, 2008 Conatser  vs. Johnson Utah Supreme Court ruling:

29 The district court incorrectly interpreted the scope of the public’s easement in state waters so as to limit the Conatsers’ rights to being upon the water and to touching the privately owned bed of the Weber River only in ways incidental to the right of floatation.”

30 We hold that the scope of the easement provides the public the right to float, hunt, fish and participate in all lawful activities that utilize the water. We further hold that the public has the right to touch privately owned beds of state waters in ways incidental to all recreational rights provided for in the easement, so long as they do so reasonably and cause no unnecessary injury to the landowner.”

If you have not taken the time to contact your Representative (s) please do it now! Time is ticking!!

Take action, contact your Representative –>http://utahwaterguardians.wordpress.com/action/

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