Facts

Utah State Constitution

Article XVII, Section 1.   [Existing rights confirmed.]
All existing rights to the use of any of the waters in this State for any useful or beneficial purpose, are hereby recognized and confirmed.

Utah Code

Title 73  Water and Irrigation
Chapter 1 General Provisions
Section 1 Waters declared property of public.
73-1-1.   Waters declared property of public.
All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof.

No Change Since 1953

Utah Supreme Court Conatser ruling:

I. STATE WATERS ARE OWNED BY THE PUBLIC, WHICH HAS AN EASEMENT
TO USE THOSE WATERS, WHILE THE BEDS OF STATE WATERS MAY BE
PRIVATELY OWNED

II. THE DISTRICT COURT INCORRECTLY INTERPRETED THE SCOPE OF THE
PUBLIC’S EASEMENT IN STATE WATERS

A. The Scope of the Public’s Easement Allows the Public to
Engage in All Recreational Activities That Utilize the Water

B. Touching the Beds of State Waters Is Incidental to All
Recreational Rights Provided for in the Easement

CONCLUSION:
¶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.

Conatser Supreme Court ruling –>   http://www.utcourts.gov/opinions/supopin/Conatser071808.pdf

Conatser Oral Argument Before the Utah State Supreme Court of April 3, 2008 –>
http://www.utcourts.gov/courts/sup/streams/index.cgi?mon=20084

Utah Division of Wildlife November 16, 2007 - Economic Impact

• Download the Power Point Presentation –>Utah_Economics_Report_final_11_16_07

EXECUTIVE SUMMARY

• “The purpose of this project was to help resource managers and the public developer a better understanding of the economic contributions of hunting, sportfishing and wildlife watching activities in Utah in 2006. When used effectively, economic data can help increase legislative, public, business and media awareness of the importance of fish and wildlife, and as a result, help boost conservation efforts and public recreational opportunities.”

• Summary - “In 2006, 1.1 million residents and non-residents participated in some form of fish and wildlife -related recreation in Utah. These anglers, hunters and wildlife viewers spent $1.24 billion in retail sales creating $651.9 million in salaries and wages, and supporting more than 24,000 jobs. The total economic effect (multiplier effect) from fish and wildlife-related  recreation was estimated at $2.3 billion.“