A landmark legislative battle is playing out right now in the state of Utah regarding the rights of paddlers to traverse the state's rivers.  A 2008 court case clarified that existing Utah law supports the public's right to fish and paddle rivers, including the right to touch the bed and banks.  In response, legislators have sought to pass new laws that redefine the rights of the public. As these bills have progressed, one bill has pulled forward as the most reasonable and least damaging to paddlers (House Bill 80), and another has emerged as extremely anti-paddling (House Bill 141). These bills were subject to a hearing last week and paddlers that live and/or paddle in Utah should call their Utah representatives as soon as possible.

House Bill 80 would grant access to rivers and streams for individuals that secure a free online certificate and carry that certificate on paddling trips.  Paddlers would have the right to portage man-made and natural obstacles.  Landowners could construct fences but would have to construct them in a manner that does not put paddlers at risk and does not block public access at bridges.  The main problems with the bill are 1) the burdensome and pointless annual certificate, and 2) inequitable protection against frivolous lawsuits that allow landownowners but not recreationists to recover attorney costs in the case of an unsuccessful lawsuit against them.  We should note that hunters and drivers only have to pass a test once in their life, not annually, and they operate deadly weapons.  In addition, no other state requires any certification program to float rivers.  Voicing your support for House Bill 80, with the caveat of fixing the two issues stated above, will help protect access to Utah's rivers and streams.

House Bill 141 would limit access to a small subset of rivers that have documented use for 10 consecutive years that meet a variety of other conditions.  The bill is designed to severely limit the current rights of paddlers.  Paddlers are united in opposition of this bill, but other powerful interests are supportive of it.  Opposing this bill will help protect access to Utah's rivers and streams

Please look up and call your representative, and/or the representative for the rivers that you paddle as soon as possible.