November, 2018

On November 22, 2018, the Utah Supreme Court affirms Third District Court Judge Kelly’s 2015 ruling that the Weber River was used for commerce prior to statehood, and that the evidence of this use was “sufficient to establish navigability of the river where it crosses the property at issue in this case.”  In so doing, the USC affirmed that the river’s beds and banks “where it crosses the property at issue in this case” should be open to lawful public use.

On November 29, the Second Supplemental Briefing Order issued by the Supreme Court of Utah in view of the Navigability Ruling on the Upper Weber River asking whether or not navigability of the Upper Provo should be determined before efforts to determine the constitutionality of the Public Water Access Act are undertaken.