Senate Approves New Streambed Access Bill
03.10.2010 by Elizabeth Ziegler
(KCPW News) The Utah Senate passed a new version of a controversial streambed access bill yesterday that’s pitted property owners against sportsmen, boaters and anglers. It now ensures the public has a right to float down a navigable stream. However, Democratic Senator Gene Davis argued the public’s access is still too limited under the bill.
“Left in my mind are areas on the Millcreek, the Cottonwood Creek and the Provo River that are not navigable areas, which you can’t float,” he said. “And we’ve just taken a large section of those streams away from the public’s access by this bill.”
In addition to adding limited floating protections, the new version of the bill also protects property owners from multiple lawsuits. The legislation is the result of a three-hour closed caucus meeting Senate Republicans held Monday, and was released to the public only yesterday morning.
Republican Senator Dennis Stowell, the bill’s co-sponsor, said it will buy the state time to address property owners’ concerns and avoid a legal battle.
“I intend during this year that we would work as hard as we can to try and obtain some funding and figure out how to purchase some of these rights to keep these streams open,” he said. “But again, the Utah Constitution says we can’t take or damage people’s rights without compensation.”
Stowell intends to introduce another bill before the session ends tomorrow night to create a task force to study the issue. His legislation passed on a 19-to-10 vote yesterday. The House later approved the new version of the bill, which now goes to the governor for his approval.
The Utah Senate passed a new version of a controversial streambed access bill yesterday that’s pitted property owners against sportsmen, boaters and anglers. It now ensures the public has a right to float down a navigable stream. However, Democratic Senator Gene Davis argued the public’s access is still too limited under the bill.
10-STREAM 1 :15 “…by this bill.”
“Left in my mind are areas on the Millcreek, the Cottonwood Creek and the Provo River that are not navigable areas, which you can’t float. And we’ve just taken a large section of those streams away from the public’s access by this bill.”
In addition to adding limited floating protections, the new version of the bill also protects property owners from multiple lawsuits. The legislation is the result of a three-hour closed caucus meeting Senate Republicans held Monday, and was released to the public only yesterday morning.
Republican Senator Dennis Stowell, the bill’s co-sponsor, said it will buy the state time to address property owners’ concerns and avoid a legal battle.
10-STREAM 2 :21 “… without compensation.”
“I intend during this year that we would work as hard as we can to try and obtain some funding and figure out how to purchase some of these rights to keep these streams open. But again, the Utah Constitution says we can’t take or damage people’s rights without compensation.”
Stowell intends to introduce another bill before the session ends tomorrow night to create a task force to study the issue. His legislation passed on a 19-to-10 vote, and heads back to the House, which must approve the new version for it to become law.
