may 21, 2012

Utah's Fourth District Court issues a first partial ruling (Memorandum Decision 1) in support of USAC’s positions in its Constitutional Rights (Provo River) lawsuit, ruling, in significant part:

1. The PWAA violates Article V, Section 1 of the Utah Constitution for exercising powers of the judiciary in interpreting the Constitution and declaring the PWAA constitutional.

2. Public ownership of state waters was recognized and confirmed in Article XVII, Section 1 of the Utah Constitution.

3. Waters flowing in rivers, streams, and natural water courses are and always have been owned by the public, and as such are public waters.

4. The public has an easement to use public waters that includes the right to engage in all recreational activities that use the waters.

5. The public easement recognized by the USC in JJNP & Conatser is a corollary right of use derived from public ownership of State waters and was therefore recognized and confirmed  in Article XVII, Section 1 of the Utah Constitution.

6. The PWAA does not violate Article XVII, Section 1 of the Utah Constitution, but regulates use of the public’s easement.

7. The Legislature, as the branch of government responsible for policy-making, is in the best position to weight competing interests in Utah’s natural waters, and to regulate the scope of public use.

8. The Legislature’s authority to regulate use of the public’s easement in Utah waters is limited by Article XX, Section 1 of the Utah Constitution.

9. The public’s easement on state waters constitutes an interest in land under Article XX, Section 1.