The Utah Supreme Courtroom has dominated in favor of public entry, and affirmed that the beds and banks of the Weber River “the place it crosses the property at situation on this case” ought to be open to public use.
Learn extra within the press launch under.
Navigability of the Weber River Affirmed by Utah Supreme Courtroom
SALT LAKE CITY, UT – In an enormous win for public leisure rights, the Utah Supreme Courtroom at present affirmed the 4th District Courtroom’s 2015 ruling that the Weber River was used for commerce previous to statehood, and that the proof of this use was “enough to determine navigability of the river the place it crosses the property at situation on this case.” In so doing, the Courtroom affirmed that the river’s beds and banks “the place it crosses the property at situation on this case” ought to be open to lawful public use.
The opinion by the USC represents the end result of a six and one-half 12 months authorized battle introduced by the Utah Stream Entry Coalition (USAC) in opposition to landowners on the Weber River who sought to successfully privatize below the auspices of the ironically-named “Public Waters Entry Act” of 2010 (additionally know as “HB141”), a river that had been used as a “freeway of commerce” by the Utah Pioneers. By asking state and native regulation enforcement to implement the Act and by posting no trespassing indicators on the riverbank on a bridge crossing the Weber River on the Brown’s Canyon Highway, the landowners sought to limit the general public’s entry to the Weber River’s beds and banks, thereby retaining the general public from having fun with this contested useful resource.
“Our rivers are a part of our heritage, and have been helpful to all Utahans since statehood.” says USAC president Kris Olson. “They’re ‘presents of windfall,’ our pure useful resource, and now within the case of this stretch of the Weber, secured for future generations.”
In recognizing the utility of log drives to find out navigability, the Courtroom has opened the door to making use of this commonplace to different similarly-sized and helpful rivers all through the state. USAC seems to be ahead to discussions with state officers to handle the standing of those waters and to situation acceptable steering on which of them at the moment are open to public use.
The USAC expects a closing ruling on the second of its lawsuits on enchantment to the Utah Supreme Courtroom, difficult the constitutionality of the Act in its entirety, within the close to future.
Kris Olson, President
Cullen Battle, Counsel