HB141 for those of use that fish

[rholbrook]

Here is a copy of a letter I just sent to Senator Waddoups concerning HB141

waddoups@utahsenate.org

Senator Waddoups

I am writing you a letter concerning HB141 and the impact it will have on myself, my family, my state and Utah's economy.

Growing up in Utah has been a blessing. I have had the opportunity to travel this wonderful state, country and world fishing with my late father. What memories I have fishing with him. Now I am able to fish with my own two sons and create memories with them. We are lucky to live in Utah and have some quality trout streams so close to our home but accessing them has been difficult unless you want to go to areas with public access and then you have crowding and over fishing of these areas. The thought that we may be able to gain access to rivers that have previously been closed without permission is exciting to me. In the past, my boys and I have traveled to Montana and Idaho to fish because of river accesses there. As long as you stay within the "high water line" you have been able to fish rivers surrounded by private lands. There are so many anglers that leave this great state to fish rivers of other states for this reason. I know how much money I spend annually to go to nearby states that have river access laws protecting the angler's rights to fish all waters. When I fish other states I usually go with 6 other men and their boys and I speak to others that do the same. Water access is my right as a citizen of this state and I would appreciate it if you would support this right allowing me the opportunity to create memories with my sons.

Please help protect our freedoms by NOT supporting HB141

Sincerely

Russell W. Holbrook
rholbrook@pacetss.com​

 

[rholbrook]

Our Senators are not receiving enough opposition to HB141 and are receving a lot of pressure today from the big money land owners to get HB141 passed and using political pressure to get what they want. It's critical to call or email ALL Senators today and tell them to not support HB141. A visit to the capitol will also be very helpful. In particular, we need everyone to send a personal email to Senator Michael Waddoups who is the President of the Senate. He needs additional pressure from us to send this bill to interim study or killed. This is our last chance at killing this bill. Here's a few points to include in your email.


- Don't support any amendments that may be introdued to HB141.

- Send the bill to interim study for further review in order to create a more balanced bill for all parties involved.

- Don't succumb to political pressure to pass HB141.

- This issue deserves more input and attention from all interested parties.



PLEASE CONTACT YOUR SENATOR today and tell them to not support HB-141. Our grassroots efforts will be the only way to kill this bill. We've only got a couple more days get this done. If you do have the time, please visit your Senator personally up at the capitol at the Senate Chambers. A face to face meeting goes a long way.


Key Concerns regarding HB141:



· The bill reverses case law clearly set in 1982 and arguably before 1937 [See J.J.N.P. v. State (1982) and Adams v. Portage Irrigation (1937) that holds the public owns an easement over all water in the State, including water which flows over private streambeds, and the public owns all the water in the State, based upon the constitutional language in our Utah Constitution, respectively.]


· The bill is arguably unconstitutional in the following ways:

o Ignores the 1937 Adams v. Portage Irrigation case that says that the public's right to use the public water is a right guaranteed by the Utah Constitution

o Separation of Powers conflict because the Judiciary is the branch of government that determines constitutionality but the bill attempts to tell the judiciary that the Judiciary actions in J.J.N.P. and Conatser were unconstitutional.

· The bill is a lawyer's dream for perpetual employment:

o Each section of streambed owned by a different owner that is disputed must be litigated by a quiet title action in order for the public to have access

o The constitutional provisions provided above are numerous and complicated

o Because of the constant litigation required to establish the public's right to the numerous different sections of streambed, eventually someone will raise the issue of "navigability", which, if expanded, could result in loss of the bed.

· The bill basically closes off access to all privately owned streambeds under public water until public usage has been established by prescriptive easement under a court action. This will have the effect of dampening the economic benefit of the water recreation industry in the State of Utah, according to letters from the industry who oppose HB 141. Last year that benefit was $2.3 billion.

· The bill claims to be supportive of "conservative" because it "protects private property" particularly for those in the agricultural industry. However, this position ignores the fact that farmers take more public taxes in the form of subsidies and loan interest loans than almost any other industry.

· The bill ignores the fact that the public pays to maintain and stock the public water that the bill wants to prevent access to, including infrastructure, erosion control, and flood mitigation, etc.

 

[rholbrook]

This Bill passed unfortunately today. I recieved a call from Representative Fisher from my District telling me about it. She is going to fill me in on all the details tomorrow when she can get them all together but she said that it passed with some concessions but that it there is still a lot of things that will require letigation to clear up. Sometimes its better if the law is still a little foggy in some areas and I'm afraid this may be one of them.