RED ALERT: YOUR ACCESS RIGHTS ARE UNDER THREAT – AGAIN! We Need Your Help to Stop this!
H.B. 386 Seeks to Foreclose on Your Right to Lawfully Recreate on Utah’s Navigable Waterways
In classic fashion, behind closed doors, without public input, and with funding from unknown sources, one of your elected officials has done it again – drafted a bill designed to further privatize public natural resources – YOUR resources – by making it harder for our waterways to be declared navigable.
You Can Review the Proposed Amendments to the Public Waters Access Act Here:
H.B. 386 - Public Waters Access Act Amendments
First, a little background, and a question:
Love it or hate it (and we hate it) the Public Waters Access Act of 2010 (a.k.a. the PWAA), which revoked your right to access and enjoy about 2,700 miles of Utah's rivers and streams (some 43% of Utah's fishable waters), has largely remained unchanged for almost 15 years.
HB386, which came out of nowhere on Monday morning, now proposes to amend Sections 102, 201 and 203 of the PWAA, to (a) change the definition of navigable water, and (b) make it much harder to prove whether a waterway meets the test for navigability (i.e., is navigable).
The obvious question: WHY NOW? After 15 years?
THE ANSWER, as we see it: Utah's Fourth District Court is just about to begin considering whether or not the Lower Provo River was used for commerce (for log & railroad tie drives) before statehood. If it was - and the evidence strongly supports that conclusion (evidence that USAC assembled a decade ago) - then the Provo River is navigable, and its bed and banks are sovereign lands of the state, which are held in trust for the people of Utah. Moreover, thanks to the precedent established by USAC's lawsuit on the Weber River, those beds and banks must be open to public recreational use, forevermore. So, as you can see, this would be a perfect time for those who seek to further privatize our public resources to move the goalposts to make it harder to prove that the Provo River (and every other major Utah waterway that was similarly used) is navigable.
In a word, this is outrageous. Boaters, anglers, & all water-based recreationists take note: If HB 386 passes YOU loose, and THEY win.
This latest threat to your recreational rights must be called out and stopped.
By running this bill the sponsor and his backers are:
Interfering with the work of the Courts (the Judicial Branch) to determine which rivers and streams meet the federal test for navigability (whether a river was used for commerce, or capable of such use, at statehood)
Seeking to further privatize public resources (i.e., the yet-to-be officially confirmed navigable rivers and the publicly-owned fish in them)
Attempting to further restrict the law to keep you off of State sovereign lands (i.e., the bed and banks of Utah’s navigable waterways)
In other words, THEY ARE MOVING THE GOAL POSTS AGAIN! In so doing, they are seeking to further revoke your right to enjoy the natural resources you own – navigable rivers, their beds and banks, and the publicly-owned fish that swim in them.
This effort to further restrict public access to what should be public property and further block public enjoyment of publicly-owned natural resources MUST BE STOPPED!
How We Best Respond to this Threat in 4 easy steps:
1) WHAT WE ARE ASKING YOU TO DO:
First, reach out to YOUR OWN elected officials and tell them to reject this attach on your rights and Vote NO on HB 386. Look up YOUR Representative and Senator by entering your address HERE.
Next, reach out to ALL Members of the House and Senate Natural Resources Committees and tell them to Vote NO on HB 386 in order to stop allowing the privatization of publicly-owned natural resources for exclusive use and exploitation by the fortunate few. The names, phone numbers, and email addresses of these Key Committee Members are listed HERE.
Tell them ALL to STOP giving away your rights to lawfully access and enjoy Utah’s navigable waterways and their sovereign beds!
2) HOW BEST TO COMMUNICATE?
Emails, especially bulk email from communications platforms are largely ignored or filtered to spam folders by Legislators and their staff.
It's BEST to TEXT, or CALL and leave a message asking to speak with them about HB386, which is likely to come before their Committee.
Don't stress, they are used to it, and they actually like hearing from the public, especially constituents, whether you voted for them or not.
If you choose to send emails, don't forget to put something like "Vote NO on HB386" in the subject line. If you text, include this in your text.
3) REMEMBER:
Feel Free to express your Anger & Frustration, but please keep it clean, and RESPECTFUL.
Do NOT engage in personal attacks or threats, no matter how upset you are!
Consider asking how they justify taking your rights away from you.
Ask them why they think it’s okay for them to take away the rights of your kids and grandkids, if you have any - or plan to have any.
Ask them why they think it’s okay to effectively privatize public natural resources for the exclusive use by the fortunate few.
4) WHAT ARE THE MESSAGES THAT WE NEED YOU TO SEND?
Pick one or two or more that resonate most with you!
Stop Moving the Goal Posts on Navigable Waters!
Kill This Bill and Let the Courts do THEIR Job!
Create a PROCESS for JUDICIAL REVIEW of Utah’s navigable waterways! (sounds wonky, but this is the best path forward)
OPEN UP ALL of Utah’s Navigable Waterways to Lawful Public Use!
Let the Public Enjoy the Resources They Own!
Stop Enabling the Privatization of Public Resources!
Stop letting already wealthy individuals exploit MY public resources for private gain!
Stop Taking Away MY Rights to Enjoy Utah’s Rarest Gems - Our Navigable Waterways!
CONTACT YOUR SENATOR HERE and CONTACT YOUR REPRESENTATIVE HERE.
Additionally, please consider joining us for the first ever Fishing Day on the Hill from 8 to 9:30 a.m., Monday, February 10th in the Capitol Rotunda. And, if you have not already signed up, please consider, becoming a member, or donating to our cause.
-USAC Board of Directors
