HB-141 passed 50-25 today and is now moving onto the Senate.

This is NOT GOOD! Please contact all Senators NOW…

VISIT YOUR SENATOR IN PERSON!!!!

The vote http://le.utah.gov/~2010/status/hbillsta/hb0141s1.001h.txt

HB 141:
YEAS – 50

NAYS – 25

HB 141:
SEQUENCE #266 STATE OF UTAH 1SHB 141
HOUSE OF REPRESENTATIVES BY McIff
2010 General Session of the 58th Legislature
VOTE TABULATION

Recreational Use of Public Water on Private
Property

FEBRUARY 23, 2010 Clark, D.
11:33:28 AM SPEAKER OF THE HOUSE

Amended

YEAS – 50
Aagard Garn Mascaro Seelig
Anderson Gibson, K Mathis Sumsion
Barrus Gowans McIff Vickers
Bird Greenwood Menlove Wallis
Brown Grover Morley Webb
Dee Hansen Moss Wheatley
Draxler Hendrickson Newbold Wilcox
Duckworth, S Herrod Noel Wiley
Dunnigan Hunsaker Oda Wimmer
Ferry Hutchings Painter Wright
Fisher, Julie Ipson Powell Clark, D.
Frank Kiser Ray
Froerer Last Sandstrom

NAYS – 25
Allen Cosgrove Harper Poulson
Beck Daw Hemingway Riesen
Bigelow Dougall Hughes Seegmiller
Biskupski Edwards Johnson Watkins
Black Fisher, Janice King
Chavez-Houck Fowlke Litvack
Clark, S. Gibson, F Lockhart

ABSENT OR NOT VOTING – 0

KEY POINTS of INTEREST –HB 141:

• It is a clear violation of separation of powers, making it in direct contrast to the Utah Constitution Article V Section I and the ideals of our founding fathers.

• It was done in secret, and the substitute bill came out after it passed committee and was sprung on the House for a quick debate.

• Approves a political and controversial process of adding waters to a list that can be access by the public and saying what waters can’t be accessed by the public.

• Negates over 100 years of water law in Utah.

• Flies in the face of 3 Utah Supreme Court decisions separated by over 70 years declaring and defining the public’s easement in State waters.

• Refuses to balance two competing constitutional rights, but unconstitutionally disregards one in the favor of the other.

This bill is unconstitutional….PERIOD!

SENATE ROSTER

lrobles@utahsenate.org; bmcadams@utahsenate.org; gdavis@utahsenate.org; pjones@utahsenate.org; kmayne@utahsenate.org; waddoups@utahsenate.org; rromero@utahsenate.org; kmorgan@utahsenate.org; wniederhauser@utahsenate.org; dcbuttars@utahsenate.org; hstephenson@utahsenate.org; bgoodfellow@utahsenate.org; mmadsen@utahsenate.org; jvalentine@utahsenate.org; mdayton@utahsenate.org; cbramble@utahsenate.org; pknudson@utahsenate.org; jgreiner@utahsenate.org; achristensen@utahsenate.org; sjenkins@utahsenate.org; jstevenson@utahsenate.org; sadams@utahsenate.org; dliljenquist@utahsenate.org; rokerlund@utahsenate.org; lhillyard@utahsenate.org; kvantassell@utahsenate.org; dhinkins@utahsenate.org; dstowell@utahsenate.org; surquhart@utahsenate.org

10hrs TO GO – KILL BILL –>HB-141!

We have less than 10hrs before the House vote…. PLEASE contact the Representatives and urge them to VOTE NO on HB-141

*******HB-141 is scheduled to go on the House floor at 10am tomorrow*****

HB-80 Fails on the House Floor

Representative Fowlke’s Bill failed to gain the votes need today to pass HB-80 on to the Senate.

HB-80 and its supporters played the right game, stayed true to the right process and unfortunately were out maneuvered by big money and private interests.

Do not let this discourage you, as the fight is far from over. We need to defeat HB-141. This legislation is a threat to Utah’s Water Recreation, Utah’s economy and the Constitution.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Contact Your Legislator NOW!

VOTE NO H.B. 141

WE NEED YOUR HELP!!!!!  NOW IS THE TIME. THIS IS IT.  PLEASE MAKE YOUR VOICE HEARD!!

Please, take 5 minutes out of your day to send a short and sweet email. Even if its a one line sentence staying…VOTE NO HB-141

Although a personal note is much better, but IF you must, make it easy EASY and copy the above quote, and send to these email addresses below.

• You want to see endless court battles over the constitutionality of the bill and over which streams qualify and which don’t;
• You believe the Utah Supreme Court is likely to reverse its own unanimous ruling;
• You want to see this issue year after year;
• You believe in bills drafted in secret with no public input;
• You believe it should be a crime for a church group to float down a public waterway.

Once again the process surrounding HB-141 is drafted in secret with no public input! It was kept in secret and held from the public. This issue deserves a better process.

COPY AND PASTE

daagard@utah.gov; rogerbarrus@utah.gov; jbird@utah.gov; melbrown@utah.gov; sclark@utah.gov; dclark@utah.gov; bcferry@utah.gov; gfroerer@utah.gov; kgarn@utah.gov; fgibson@utah.gov; kwgibson@utah.gov; jgowans@utah.gov; keithgrover@utah.gov; nhendrickson@utah.gov; cherrod@utah.gov; greghughes@utah.gov; ehutchings@utah.gov; dipson@utah.gov; blast@utah.gov; blockhart@utah.gov; steven_mascaro@comcast.net; jmathis@utah.gov; kaymciff@utah.gov; rmenlove@utah.gov; mikemorley@utah.gov; mnoel@kanab.net; coda@utah.gov; ppainter@utah.gov; ssandstrom@utah.gov; ksumsion@utah.gov; curtwebb@utah.gov; ryanwilcox@utah.gov; cwimmer@utah.gov; bwinn@utah.gov; sherylallen@utah.gov; tbeck@utah.gov; ronbigelow@utah.gov; jbiskupski@utah.gov; lblack@utah.gov; rchouck@utah.gov; tcosgrove@utah.gov; bdaw@utah.gov; bdee@utah.gov; jdougall@utah.gov; jdraxler@utah.gov; sduckworth@utah.gov; jdunnigan@utah.gov; beckyedwards@utah.gov; jfisher@utah.gov; janicefisher@utah.gov; lfowlke@utah.gov; cfrank@utah.gov; rgreenwood@utah.gov; koryholdaway@utah.gov; neilhansen@utah.gov; wharper@utah.gov; lhemingway@utah.gov; fhunsaker@utah.gov; christinejohnson@utah.gov; briansking@utah.gov; toddkiser@utah.gov; dlitvack@utah.gov; csmoss@utah.gov; merlynnnewbold@utah.gov; mariepoulson@utah.gov; kraigpowell@utah.gov; pray@utah.gov; priesen@utah.gov; jseegmiller@utah.gov; jseelig@utah.gov; evickers@utah.gov; bwallis@utah.gov; cwatkins@utah.gov; markwheatley@utah.gov; lwiley@utah.gov;

COPY AND PASTE

bcferry@utah.gov, bdaw@utah.gov, bdee@utah.gov, beckyedwards@utah.gov, billwright@utah.gov, blast@utah.gov, blockhart@utah.gov, briansking@utah.gov, bwallis@utah.gov, bwinn@utah.gov, cfrank@utah.gov, cherrod@utah.gov, christinejohnson@utah.gov, coda@utah.gov, csmoss@utah.gov, curtwebb@utah.gov, cwatkins@utah.gov, cwimmer@utah.gov, daagard@utah.gov, dclark@utah.gov, dipson@utah.gov, dlitvack@utah.gov, ehutchings@utah.gov, evickers@utah.gov, fgibson@utah.gov, fhunsaker@utah.gov, gfroerer@utah.gov, greghughes@utah.gov, janderson34@utah.gov, janicefisher@utah.gov, jbird@utah.gov, jbiskupski@utah.gov, jdougall@utah.gov, jdraxler@utah.gov, jdunnigan@utah.gov, jfisher@utah.gov, jgowans@utah.gov, jmathis@utah.gov, jseegmiller@utah.gov, jseelig@utah.gov, kaymciff@utah.gov, keithgrover@utah.gov, kgarn@utah.gov, koryholdaway@utah.gov, kraigpowell@utah.gov, ksumsion@utah.gov, kwgibson@utah.gov, lblack@utah.gov, lfowlke@utah.gov, lhemingway@utah.gov, lwiley@utah.gov, mariepoulson@utah.gov, markwheatley@utah.gov, melbrown@utah.gov, merlynnnewbold@utah.gov, mikemorley@utah.gov, mnoel@kanab.net, neilhansen@utah.gov, nhendrickson@utah.gov, ppainter@utah.gov, pray@utah.gov, priesen@utah.gov, rchouck@utah.gov, rgreenwood@utah.gov, rmenlove@utah.gov, rogerbarrus@utah.gov, ronbigelow@utah.gov, ryanwilcox@utah.gov, sclark@utah.gov, sduckworth@utah.gov, sherylallen@utah.gov, ssandstrom@utah.gov, steven_mascaro@comcast.net, tbeck@utah.gov, tcosgrove@utah.gov, toddkiser@utah.gov, wharper@utah.gov, achristensen@utahsenate.org, bgoodfellow@utahsenate.org, cbramble@utahsenate.org, dcbuttars@utahsenate.org, dhinkins@utahsenate.org, dliljenquist@utahsenate.org, dstowell@utahsenate.org, gdavis@utahsenate.org, hstephenson@utahsenate.org, jgreiner@utahsenate.org, jvalentine@utahsenate.org, kmayne@utahsenate.org, kmorgan@utahsenate.org, kvantassell@utahsenate.org, lhillyard@utahsenate.org, lrobles@utahsenate.org, mdayton@utahsenate.org, mmadsen@utahsenate.org, pjones@utahsenate.org, pknudson@utahsenate.org, rokerlund@utahsenate.org, rromero@utahsenate.org, sadams@utahsenate.org, sjenkins@utahsenate.org, skillpack@utahsenate.org, smccoy@utahsenate.org, surquhart@utahsenate.org, waddoups@utahsenate.org, wniederhauser@utahsenate.org

TAKE ACTION NOW!!

Contact Your Legislator

Vote No H.B. 141

Vote Yes H.B. 80

House Bill 141 (Rep. Kay McIff) seeks to overturn the Utah Supreme Court’s ruling(Conatser 2008) which recognized the public’s right to access the streambeds of public waters on private property for lawful recreational activities. The state’s constitution declares, “The waters of the state are owned by the public.” This principle was codified by the Legislature over 100 years ago in the state’s water code which reads, “All waters in the state whether above or under the ground are hereby declared to be the property of the public.” For decades, the Utah Supreme Court has upheld this principle ruling that, “Title to Utah’s waters belongs to the public who are equal owners of the waters flowing in natural channels.” In 2008, the Utah Supreme Court ruled that the public cannot exercise its right to full enjoyment of public waters without having access to streambeds – meaning the state’s streams are open to the public for legal recreational use.

Key Provisions of H.B. 141

• Abolishes Supreme Court’s ruling that a public easement exists to access streambeds for recreational purposes.

• Denies public access to public streams on private property except by permission or after quiet title action for floating, fishing or hunting waterfowl as provided by state law, but not within 100 yards of any dwelling.

• Except by permission or quiet title, a person accessing a streambed on private property is trespassing.

• Quiet Title: In order to access a streambed on private property, a person must file a lawsuit against the landowner claiming that a prescriptive easement exists. The bill requires that the stream on private property must have been open to public recreational use for at least 10 consecutive years after September 22, 1972 and that the use must have been (a) continuous, (b) open and notorious, (c) adverse [contrary to the landowner's interest] and (d) without interruption. If quiet title is obtained, recreational users can access the streambed and private property 3 feet above the bank. The quiet title action standards outlined in H.B. 141 make it very difficult, if not impossible, to obtain a quiet title.

• Contains several declarations of policy, all designed to protect the bill against judicial intervention.

House Bill 80 (Rep. Lorie Fowlke) upholds the Utah Supreme Court’s ruling(Conatser 2008). In the spirit of cooperation, Rep. Fowlke held a series of public meetings that included landowners, farmers, ranchers, fishermen, rafters, kayakers and hunters to develop a compromise bill that addressed the concerns of all parties involved.

Key Provisions of H.B. 80

• Upholds Supreme Court’s ruling: public has an easement to access streambeds for lawful recreational purposes.

• Access is limited to the bed below the ordinary high water mark. Access does not extend above this mark if the stream is in flood stage. Access also requires sufficient water for the recreational activity. (Not enough water to fish or float, no access.) If the ordinary high water mark is not discernable, then access is limited to “wet feet.” Access also requires completion of a Division of Wildlife Resources program and certificate of access permit in order to use access.

• Access is restricted to entry from public property or public water (unless prohibited by the public property owner) or with the permission of a land owner.

• Portage: Anglers may exit the stream onto private property in the most direct and least intrusive path around a manmade obstacle for fishing. Floaters may exit the stream onto private property in the most direct and least intrusive path around both manmade and natural obstructions.

• Fencing is allowed across streams unless done to prohibit recreational users. Fencing can’t be done to unreasonably endanger the public. If landowners fence along a public road or access point, they are required to provide a gate or fence ladder to allow public access to the stream.

BOTH BILLS PASS HOUSE HEARINGS!

Its coming down to the wire now. HB-80 and HB-141 have both passed their respective committees and are on their way to the house floor. The big House floor debate is up next, we really need to turn it up an notch and contact your Representatives now!

HEARINGS
You can listen to the debates online. These were very interesting to witness and it does give you a good basis on what both bills are trying to accomplish. [you will need to download THIS]

HB-80 – (constitutional)–>http://ra.le.state.ut.us:8080/ramgen…030-0212101.rm

HB-141 – (un-constitutional)–>http://ra.le.state.ut.us:8080/ramgen…st/roomC445.rm

We are guessing HB-80 will make it to the floor sometime next week… Mon, Tues maybe… There is no definite pre-determined time, its going to be a last minute notification. You can watch the Calendar display HERE and HERE to track the Bills status. [click 3rd reading, refresh by clicking on list] This should give you an idea of when the big showdown will happen.

Please, take 5 minute out of your day to reach out to your elected Representative. Now.

Keep up the fantastic work everyone, great job so far!!

UPDATE – 2/11/2010 -

Committee Hearing(s) Friday!!

WOW, the past few days have been nothing short of a crazy experience.

Here is what we know…

• HB-80 -been assigned from the House “Rules Committee” to the House “Judiciary Committee”. Scheduled hearing is for this Friday, Feb 12th @ 2pm?! (not exactly sure of the time, but this is what we’ve been told)
  
  • http://le.utah.gov/~2010/htmdoc/hbillhtm/HB0080.htm
    
  • please contact the “Judiciary Committee” and ask them to support HB-80
    

• HB-141 [Rep. McIff] has been assigned from the House “Rules Committee” to the House “Natural Resources” committee. Scheduled hearing is for this Friday, Feb 12th @ 1:30pm!
  • http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0141.htm
    
  • please contact the “Natural Resources” and ask them to oppose HB-141
    

***IMPORTANT – We need to attend this hearing to show our opposition***

• HB-290 [Rep. Webb] has been….. WITHDRAWN!!

*** please note – Legislative status of HB-290 on the web page is not updated yet****

RIGHT NOW!!… please send Speaker Clark [Representative] a note thanking him for helping to keep the legislative process fair and open.

• dclark@utah.gov

Speaker Clark allowed a fair and open process. This is a good thing, and a rare one at that. The right process surrounding HB-80 will still be allowed to continue.

A quick [2] sentence note, thanking the Speaker for helping the fair process of HB-80 continue and asking for his support on the house floor. is all you need to send.

Please contact the committees ASAP!! Time is ticking, we need to act quickly!!

• Reflects a full and fair public process
  • HB80 is the best faith effort for a common ground compromise
  • Deserves a fair honest debate on the floor of the house.
  • Answers the questions that the Conatser decision left open  – it narrows the scope of the easement and provides the certainty all parties need to move forward;
  • Adopts the most widely accepted legal standard to define stream bed – Ordinary High Water Mark
  • Contains a number of voluntary concessions by anglers, including one that will significantly limit the number of recreational users using public water of private beds (the access stamp).
  • Supported by the DWR (Division of  Wildlife Resources
  • Places accountability on water users to know the law and it gives a defined boundary for all to know as to allow clear enforcement.
  • Strengthens trespass law and increases liability protection for landowners.

CONTACT YOUR REPRESENTATIVES NOW!!

Please contact the “Judiciary Committee” and ask them to SUPPORT HB-80

Rep. Lorie D. Fowlke, Chair – lfowlke@utah.gov
Rep. Jim Bird, Vice Chair – jbird@utah.gov
Rep. Sheryl L. Allen – sherylallen@utah.gov
Rep. Jackie Biskupski – jbiskupski@utah.gov
Rep. Francis D. Gibson – fgibson@utah.gov
Rep. Keith Grover – keithgrover@utah.gov
Rep. Eric K. Hutchings – ehutchings@utah.gov
Rep. Christine A. Johnson – christinejohnson@utah.gov
Rep. Brian S. King – briansking@utah.gov
Rep. Kay L. McIff – kaymciff@utah.gov
Rep. Kraig Powell – kraigpowell@utah.gov
Rep. Mark A. Wheatley – markwheatley@utah.gov

lfowlke@utah.gov
jbird@utah.gov
sherylallen@utah.gov

jbiskupski@utah.gov

fgibson@utah.gov
keithgrover@utah.gov

ehutchings@utah.gov
christinejohnson@utah.gov
briansking@utah.gov

kaymciff@utah.gov

kraigpowell@utah.gov
markwheatley@utah.gov

CONTACT YOUR REPRESENTATIVES NOW!!

Please contact the “Natural Resources” and ask them to OPPOSE HB-141

Rep. Roger E. Barrus, Chair rogerbarrus@utah.gov
Rep. John G. Mathis, Vice Chair jmathis@utah.gov
Rep. Melvin R. Brown melbrown@utah.gov
Rep. Brad L. Dee bdee@utah.gov
Rep. Jack R. Draxler jdraxler@utah.gov
Rep. Kerry W. Gibson kwgibson@utah.gov
Rep. James R. Gowansjgowans@utah.gov
Rep. Neal B. Hendrickson nhendrickson@utah.gov
Rep. Michael E. Noel mnoel@kanab.net
Rep. Patrick Painter ppainter@utah.gov
Rep. Phil Riesen priesen@utah.gov
Rep. Christine F. Watkins cwatkins@utah.gov
Rep. Ryan D. Wilcox ryanwilcox@utah.gov
Rep. Bill Wright billwright@utah.gov

rogerbarrus@utah.gov
jmathis@utah.gov
melbrown@utah.gov
bdee@utah.gov
jdraxler@utah.gov
kwgibson@utah.gov
jgowans@utah.gov
nhendrickson@utah.gov
mnoel@kanab.net
ppainter@utah.gov
priesen@utah.gov
cwatkins@utah.gov
ryanwilcox@utah.gov
billwright@utah.gov

ACTION ALERT!! Contact the Senate!! URGENT!!!

Last Minute Move- HB80 is now SB267

In a quick turn of events Representative Fowlke called a bill file. She met with Senator Neiderhauser, Sen. Bramble, lobbyist Jeff Hartley and Chris Barkey about moving the bill to the senate.

SO… House Bill 80 has a new name, Senate Bill 267. [text will not be available until Monday. SB267 is identical to HB80]

We ask you to now contact your Senators and let them know you support SB267/HB80

**BILL WATCH**

• Rep. Webb -HB290 –>http://le.utah.gov/~2010/bills/hbillint/hb0290.htm
• Rep. McIFF – HB141 - [box car/no text] –>http://le.utah.gov/~2010/htmdoc/hbillhtm/hb0141.htm

other Bills we’re keeping an eye on...

• Rep. Ferry - HB374 [boxcar/no text] –>http://le.utah.gov/~2010/htmdoc/hbillhtm/HB0374.htm
• Rep. Cosgrove - HB450 -[boxcar/no text] –> http://le.utah.gov/~2010/htmdoc/hbillhtm/HB0450.htm

***Article Image – [click] courtesy of Heather Nan Photography [click]

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