Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Tuesday, May 22, 2012
Utah judge says streams are public assets, but access still a question
A Utah judge agreed Monday with anglers arguing that all rivers and streams are public waters, but he has yet to decide whether a law restricting access to them went too far. Fourth District Judge Derek Pullan ruled that the Utah Constitution makes clear the waters that HB141 two years ago restricted from public access are owned by the state and must be managed in the public trust. He did not rule whether that public trust requires public access on streams crossing private lands, such as wading that anglers once enjoyed. Instead, he asked attorneys for the Utah Stream Access Coalition, the landowners and the state to brief him for a final ruling this summer. Whichever way the judge goes, the contentious issue is sure to be appealed to the Utah Supreme Court. Both sides saw hope in Pullan’s 43-page ruling...more
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