Public waters/right-to-use case

Introduction

The Coalition brought this case to overturn Utah’s ill-named Public Waters Access Act (HB 141) on constitutional grounds. In 2008, in the case of Conatser v. Johnson, the Utah Supreme Court unanimously held that the public’s right to lawfully access and use its public waters in place for any lawful activity, including recreation, allowed the public to reasonably touch the privately-owned beds of public waters in ways incident and necessary to such use. In 2010, with passage of HB 141, the Utah legislature purported to overrule the Conatser decision and to abolish the public’s right to touch privately-owned streambeds when using public waters in place. The Coalition contends that the public’s right to use public waters in place was recognized and confirmed in the Utah Constitution at statehood and that HB 141 violates this right. It further contends that HB 141 violates constitutional and other public trust and separation of powers principles. A favorable ruling in this case will restore the public’s right to use public waters in place as confirmed in Conatser.

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Next steps: as of Jan. 2023

First, we wait for a decision from the Supreme Court in the Victory Ranch case. This may take three to six months. If we get a favorable decision, we will likely go back to the district court for further proceedings on our claim that the Public Waters Access Act is unconstitutional. The question that is now before the Supreme Court is just the first of four issues that have to be decided in our favor before the Act can be declared unconstitutional.

If the Supreme Court’s decision in the current round is unfavorable, the Victory Ranch case will be over, and the Public Waters Access Act will stand. Our only recourse will be to convince the Legislature to repeal or change the Act. In the meantime, our rights will be limited to navigable waters, such as the upper Weber River.

We continue to look for potential navigability claims on the Middle Weber, Provo, Ogden, Logan, Upper Bear, Blacks Fork, Blacksmith Fork, Little Bear, and Sevier Rivers.

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Learn more and follow along in our journey to restore access:

To access our archives of legal and legislative efforts and bills, please click the link below:

A detailed Constitutional Rights Case Timeline can be found here.

USAC Filings – Complaint, Motion For Summary Judgment, and Memoranda:

Download PDF – USAC/Public Waters Complaint
USAC v ATC Realty Sixteen – Motion For Summary Judgment Oral Argument Requested
USAC v ATC Realty Sixteen – Memorandum In Support Of Motion For Summary Judgment
Coalition Memorandum In Reply To State & ATC’s Memoranda In Opposition
USACs Supplemental Memorandum in Support of Motion for Summary Judgement

USAC v ATC Realty Sixteen – Coalition’s Memorandum in Reply to State and ATC’s Memorandum in Opposition

Letter, Cross Motion For Summary Judgment, Memoranda, and Declarations of Opposing Parties:

Letter From Steven Clyde Informing Victory Ranch And Silver Creek Robert Larsen Investors Conveyed Interest To Wells Fargo
USAC v ATC Realty Sixteen – Motion For Summary Judgment
USAC v ATC Realty Sixteen – Memorandum In Support Of Cross Motion For Summary Judgment
USAC v ATC Realty Sixteen – Combined Memorandum In Support Of States Motion For Summary Judgment And In Opposition To Plaintiffs Motion For Summary Judgment
USAC v ATC Realty Sixteen – Memorandum In Support Of Cross Motion For Summary Judgment And In Opposition To Plaintiff Utah Stream Access Coalitions Motion For Summary Judgment

In order are the briefs filed by the State and the briefs filed by ATC regarding public trust. Along with our reply to those filings. Now we wait for word from the court.

State’s Brief; Motion to Substitute
Supplemental Memorandum – Public Trust Doctrine.pdf
USAC — ATC — Stipulated Motion to Substitute (EPL 10.17.12).pdf

ATC/SBC/VRA Brief
2012-10-26 ATC Supplemental Memorandum.pdf

USAC v. ATC Realty (Final Briefing at the District Court) Documents

W68581.PDF, W68584.PDF, W68588.PDF

Reply to Amicus Curiae, Request for Decision

2012-08-31 USAC Supplemental Memorandum in Support of Motion for Summary Judgement PDF

2012-12-03 USAC Reply to Amicus Brief on Public Trust PDF

2012-12-03 USAC Request for Decision & Oral Arguments PDF

Monday, March 25, 2013

Ruling and Order on Public Trust Doctrine

Friday, August 29, 2014

August 29, 2014 – VRA Motion for Summary Judgement

August 29, 2014 – VRA Memorandum in Support of Motion for Summary Judgement

August 29, 2014 – State of Utah Motion for Summary Judgement

August 29, 2014 – State of Utah Memorandum in Support of Motion for Summary Judgement

Monday, September 22, 2014

September 22, 2014 – UAPPR Amicus Brief in Support of VRA and State Motion for Summary Judgement

Monday, October 6, 2014

October 6, 2014 – USAC Memorandum in Opposition to Motions for Summary Judgement by State of Utah and VRA

Wednesday, October 22, 2014

October 22, 2014 – USAC Response to UAPPR Amicus Brief

Wednesday, January 21, 2015

January 21, 2015 – Pullan Ruling Denying Victory Ranch & State of Utah Motions for Summary Judgement

Tuesday, May 19, 2015

May 19, 2015 – Victory Ranch Motion for Reconsideration

May 19, 2015 – Victory Ranch Memorandum in Support of Motion for Reconsideration

Friday, June 3, 2015

June 3, 2015 – UAPPR Amicus Brief in Support of VRA Motion for Reconsideration

Friday, June 17, 2015

June 17, 2015 – USAC Motion in Opposition to VRA Motion for Reconsideration & UAPPR Amicus

Wednesday, November 4, 2015

November 4, 2015 – Ruling, Order, and Final Judgment: In Favor of Plaintiff Utah Stream Access Coalition

Thursday, January 5, 2023

Press Release: Utah Stream Access Coalition Returns to Utah Supreme Court for Oral Arguments on Appeal

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