SALT LAKE CITY — The Utah Supreme Court is again wading into a long-running legal battle about public access to rivers and streams.
On Monday, the state's top court heard arguments in another legal challenge brought by the Utah Stream Access Coalition, a group of anglers pushing for access to public water bodies. The legal issues discussed date back before statehood, with pioneer-era understandings and beliefs. What the Court decides could impact more than 2,700 miles of waterways.
"Utahns own the public waters," said Michelle Quist, an attorney for the coalition. "But ownership of the waters without the ability to use them is worthless."
The coalition is appealing a lower-court's decision rejecting their assertion there is a public right to access the water that also includes the stream bed. In questioning, the Supreme Court justices focused on whether that constitutional right of public access to the water also extends to the river bed or stream bed.
"Does the public’s belief that they have a legal right to something, is that enough to create an easement over private property?" asked Justice Diana Hagen.
"Well, that was our mandate," Quist replied, arguing that the right existed before statehood.
VR Acquisitions, which owns a ranch in Wasatch County along the Provo River, and the Utah Attorney General's Office argued there are limits. Some justices appeared skeptical.
"There's not really dispute that the public used the waterways and the scope of that use included touching the river beds. And we don’t have examples of them being prohibited from doing that. It wasn’t illegal..." said Justice Paige Petersen.
"We don’t have any examples of that. But we don’t have any examples of the contrary, which is individuals seeking to enforce that right," replied Nathan Thomas, an attorney for VR Acquisitions.
"Except for widespread public use," Justice Petersen interjected. "They're doing it."
This is the third time the issue has been before the Utah Supreme Court. The state legislature previously set some limits on stream bed access, which triggered this latest legal challenge.
"Here we are after 12 years, and they still cannot identify any legal standard under which this easement arose which is essential," said Andrew Dymek, an assistant Utah Solicitor General.
The justices took the case under advisement. There is no timeline for a ruling.
"We’ve never pushed for crossing dry lands," said Bert Ley, the coalition's vice-president. "The public needs to get in and out through a legitimate access point. But we’re arguing for their right to touch the beds of the river regardless of who owns them because the public owns the water while it’s in the natural channels of the state."
