Navigability lawsuit

Introduction

The Coalition brought this case to confirm the navigability and public ownership of the bed of the Weber River. The Coalition contends that the Weber is a “navigable river” because it has long served as a highway for public commerce and recreation. The beds of navigable rivers are public property up to the ordinary high water mark, and adjoining private property owners may not interfere with the public’s right to use the river corridor for lawful recreational purposes. A ruling that the Weber is navigable will restore public access to this river and will lay the groundwork for similar rulings on other Utah rivers.

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USAC Prevails in Weber navigability case

In USAC v. VR Acquisitions (2017), the Utah Stream Access Coalition (USAC) scored a significant legal victory challenging the state’s Public Waters Access Act (PWAA) of 2010, which severely restricted public access to streams and rivers flowing over private property. The lawsuit focused on a section of the Provo River, which had been closed off to the public by VR Acquisitions, a private landowner. USAC argued that the river was a navigable waterway, meaning under the "public trust doctrine," the public had a constitutional right to use the water and its streambeds for recreation, regardless of who owned the land beneath it.

Judge Derek Pullan of Utah’s 4th District Court ruled in favor of USAC, declaring that the PWAA violated the public's right to access navigable waterways. The court reaffirmed that under the state’s constitution, navigable rivers are held in trust for the people and that public use includes recreational activities like fishing and wading. This ruling was seen as a major victory for outdoor recreation advocates and those supporting stream access rights, but it also led to further appeals, as private landowners and the state continued to push for greater control over waterways. The ruling effectively expanded public access to Utah’s rivers, particularly in cases where streams cross private lands. You can read our Press Release here.

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