Questions and answers
This year, the Utah Legislature passed H.B. 141: Recreational Use of Public Water on Private Property. Governor Herbert signed the bill into law, and it will take effect on May 11, 2010. The new law changes the recreational easement recognized in Conatser v. Johnson. This was the Utah Supreme Court decision in 2008 that allowed the public to walk on the private bed of a public waterbody.
The new law does not allow recreational water users (including anglers, kayakers, tubers, hunters and others) to walk on the private bed of a public waterbody. This means that if you are fishing or recreating in public water that flows over private property closed to trespass, you may not walk on the land beneath the water without obtaining landowner permission.
To trespass is to enter someone's property unlawfully. Landowners close their property to trespass by posting a notice or otherwise communicating that access is prohibited. Irrigated pastures, cultivated lands and certain fenced areas are presumed closed to trespass. To review Utah's trespass laws, see Utah Code Sections 23-20-14, 76-6-206 and 76-6-206.3.
The new law allows you to float on the surface of the water, even if you're floating over private property that is closed to trespass. It also allows you to fish while floating. Your right to float only applies under the following conditions:
Your right to float includes the following:
If you want to fish while floating, you must access the water at a lawful access point. This could include a highway right-of-way, public property or private property with written landowner permission.
There are still thousands of places you can fish without obtaining landowner permission.
You do not need permission to:
If possible, try to communicate with landowners before you float over property closed to trespass. It is courteous and always appreciated.
The DWR has also worked with other agencies and private landowners to obtain public access to stretches of the following rivers and streams: Duchesne River, Little Bear River, Ogden River, Provo River (middle section), Salt Creek, Sanpitch River, Spanish Fork River, Strawberry River, Thistle Creek, Weber River and many others. To find a waterbody where you do not need permission to walk the bed, contact the DWR office in the region where you want to fish.
You can also visit the DWR’s Fishing Hotspots, Community Fisheries, Blue Ribbon Fisheries and Walk-in-Access sites to learn about more great places to fish.
*The above information reflects the opinions and interpretations of the Utah Department of Natural Resources, Division of Wildlife Resources on H.B. 141. The opinions and interpretations presented are not binding on courts, prosecuting attorneys or other law-enforcement agencies. They are provided solely for general information and do not represent legal advice or counsel.
Data Courtesy Utah Division of Wildlife Resources