Supreme Court rules in favor of anglers

In a landmark ruling, the Utah Supreme Court recently declared that anglers have the right to walk in the beds of streams and rivers that cross private property.

Quoting the decision, "We hold that the scope of the easement provides the public the right to float, hunt, fish, and participate in all lawful activities that utilize the water."

For many years anglers have been barred access to some of the best sections of rivers and streams in our state because those waters run through private property. This ruling clears the way for anglers to fish the waters legally for the first time, and thus open to the public some pristine areas of the Provo, Weber and many other rivers throughout the state.

The one thing the Justices didn't quantify however, is exactly "where" stream beds begin and end. Montana courts decided some time ago that the "high-water mark" delineates the beginnings of the stream bed, so for much of the year, anglers are able to walk the banks and still be legally inside the stream bed. But the Utah Justices didn't take on that particular question.

The results of this decision are far reaching. In their declaration, the Court said, "We further hold that the public has the right to touch privately owned beds of state waters in ways incidental to all recreational rights provided for in the easement, so long as they do so reasonably and cause no unnecessary injury to the landowner."

So, as long as anglers remain inside the banks of a river and have gained access to the water from a legitimate public access point such as a bridge or other such structure, they should be able to fish almost anywhere they choose.

There will be some problems with this decision. One, anglers will most likely leave fishing line all along the banks which will injure cattle and thereby injure the property owner. Two, anglers will treat landowners with hostility and thereby create tension that could lead to confrontations. Don't laugh at this notion, trust me, it will happen.

So, where should you fish first? My suggestion is that you look to sections of the Provo, from right here in the city limits to areas around the Heber Valley. Then, try to find some of the pristine spots along the upper Weber River from Kamas down to Echo Reservoir.

Just because anglers now have the right to fish the whole stream, they (we) should still be mindful that they (we) don't own the property; they (we) are using an easement only, and as such should be respectful to landowners and show appreciation for having the opportunity to fish.

• Don Allphin can be reached at remaxdoa@gmail.com.