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UPDATE – December 6th 2009

In This issue:

  • Water user meeting
  • Capitol meeting
  • Donations
  • Rumors from the Riffle

Water User Meeting

Discussions on Draft #4 went well and everyone seemed to be pleased with the drafts process.  A few of the concerns which were raised in draft #4 have been addressed in draft #5. This still leaves some future discussions to be made. The kayak(er) in attendance brought up some valid points regarding portage. He would like to see portage as a whole – rather than breaking it down and restricting it to “natural” vs. “man-made”. Also, other than kayakers, many of the public’s water users are kids who go “tubing”. This separation puts the public water users at risk of a trespass ticket or injury.

Capitol Meeting – Draft #5

  • Meeting at the Capitol Building took place Friday December 4th, 2009
  • Representative Fowlke presented Draft #5.
    • Draft was discussed and revisions were made.
  • The revised draft #5 will be out soon and it appears this will be the final Bill.
  • Please note section 4-26-4 has been struck.

Click here for Pre-Draft #5 -Fowlke Access Bill_#5_v2

Fund Raising

  • Donations have been trickling in. So far 50 people have donated! Thank you!
  • With the help of individuals, fisherman, fishing industry companies and organizations, local businesses its over the half way mark, nearly $17,000.00 has been raised!
  • With the help of angling bloggers the newly installed “Button” raised over $500 in the first two weeks!
  • Collection Jars are out! Now accepting Couch Change!

Right now the fundraisers are looking for a Rod and Reel Donation. All donations are received as payment for full retail value! Please contact us at utahwaterguardians@gmail.com for more information.

Rumors from the Riffle

These are tiny tid-bits of information that have been siphoned through and are only for awareness.  However these are from very reliable sources but not to be taken as factual.

  • Representative Ferry – Rumor has it he will be bringing another Bill in this year. It’s said to have some kind of a permit/tag fee. Supposedly similar to a CCMU type of thing.
  • Victory Ranch – supposedly VR has hired a lobbyist. None other than former Representative and current angler Steve Barth. Rumor has it Steve wants ”wet boot” and 10’ as the easement and a number of rods allowed per year. When asked why he took the job being an angler, he reportedly stated, money is money.

Keep up the momentum everyone!

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“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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