RED ALERT: YOUR ACCESS RIGHTS ARE UNDER THREAT – AGAIN! We Need Your Help to Stop This!
H.B. 386 Seeks to Move the Goalposts for Utah’s Navigable Waterways
In classic fashion, behind closed doors, without public input, and with funding from unknown sources, one of your elected officials has done it again – drafted a bill designed to further privatize public natural resources – YOUR resources – by making it harder for our waterways to be declared navigable.
You Can Review the Proposed Amendments to the Public Waters Access Act and Track the “Progress” of That Bill Here:
H.B. 386 – Public Waters Access Act Amendments
First, a little background and a question:
Love it or hate it (and we hate it) the Public Waters Access Act of 2010 (a.k.a. the PWAA), which revoked your right to access and enjoy about 2,700 miles of Utah’s rivers and streams (some 43% of Utah’s fishable waters), has largely remained unchanged for 15 years.
HB386, which came out of nowhere on Monday morning, now proposes to amend Sections 102, 201 and 203 of the PWAA, to (a) change the definition of navigable water, and (b) make it much harder to prove whether a waterway meets the test for navigability (i.e., is navigable).
The obvious question: WHY NOW?
THE ANSWER, as we see it: Utah’s Fourth District Court is just about to begin considering whether or not the Lower Provo River was used for commerce (for log & railroad tie drives) before statehood. If it was – and the evidence strongly supports that conclusion (evidence that USAC assembled a decade ago) – then the Provo River is navigable, and its bed and banks are sovereign lands of the state, which are to be held in trust for the people of Utah. Moreover, thanks to the precedent established by USAC’s lawsuit on the Weber River, the beds and banks of Utah’s navigable rivers are open to public recreational use in perpetuity. So, as you can see, this would be a perfect time (for those who seek to further privatize our public resources) to move the goalposts and make it harder to prove that the Provo River (and every other major Utah waterway that was similarly used) meets the test for navigability.
In a word, this is OUTRAGEOUS.
BOATERS, ANGLERS, & All Water-Based RECREATIONISTS TAKE NOTE: If HB386 passes YOU loose, and THEY win.
THIS BILL MUST BE KILLED!
FOR MORE INFORMATION AND TO VIEW HOW TO RESPOND TO THIS THREAT IN 4 EASY STEPS – VISIT OUR WEBSITE OR REVIEW THE STEPS BELOW
For a detailed analysis of the potential effects of the proposed amendments, please read “REASONS TO REJECT H.B. 386.”
Please ACT NOW to KILL THIS BILL!
Additionally, please consider joining us for the first ever Fishing Day on the Hill from 8 to 9:30 a.m., Monday, February 10th in the Capitol Rotunda. And, if you have not already signed up, please consider, becoming a member, or donating to our cause.
Thank You for doing YOUR part,
The Board of Directors
Utah Stream Access Coalition
How To Respond to this Threat:
STEP 1 – WHAT WE ARE ASKING OF YOU:
- First, reach out to YOUR OWN elected officials and tell them to reject this attack on your rights and Vote NO on HB386. Look up YOUR Representative and Senator by entering your address HERE.
- Next, reach out to ALL Members of the House and Senate Natural Resources Committees and tell them to Vote NO on HB386 in order to stop allowing the privatization of publicly-owned natural resources for exclusive use and exploitation by the fortunate few. The names, phone numbers, and email addresses of these Key Committee Members are listed HERE.
- Tell them ALL to STOP giving away your rights to lawfully access and enjoy Utah’s navigable waterways and their beds and banks!
STEP 2 – HOW BEST TO COMMUNICATE:
- Emails, especially bulk email from communications platforms are largely ignored or filtered to spam folders by Legislators and their staff.
- It’s BEST to TEXT, or CALL and leave a message asking to speak with them about HB386, which is likely to come before their Committee.
- Don’t stress, they are used to it, and they actually like hearing from the public, especially constituents, whether you voted for them or not.
- If you choose to send emails, don’t forget to put something like “Vote NO on HB386” in the subject line. If you text, include this in your text.
STEP 3 – THINGS TO REMEMBER:
- Feel Free to express your Anger & Frustration, but please keep it clean, and RESPECTFUL.
- Do NOT engage in personal attacks or threats, no matter how upset you are!
- Consider asking how they justify taking your rights away from you.
- Ask them why they think it’s okay for them to take away the rights of your kids and grandkids, if you have any – or plan to have any.
- Ask them why they think it’s okay to effectively privatize public natural resources for the exclusive use by the fortunate few.
STEP 4 – WHAT ADDITIONAL MESSAGE(S) TO SEND:
(Pick one [or two]that resonate the most with you!)
- Stop Moving the Goal Posts on Navigable Waters!
- Kill This Bill and Let the Courts do THEIR Job!
- Create a PROCESS for JUDICIAL REVIEW of Utah’s navigable waterways! (sounds wonky, but this is the best path forward)
- OPEN UP ALL of Utah’s Navigable Waterways to Lawful Public Use!
- Let the Public Enjoy the Resources They Own!
- Stop Enabling the Privatization of Public Resources!
- Stop letting already wealthy individuals exploit MY public resources for private gain!
- Stop Taking Away MY Rights to Enjoy Utah’s Rarest Gems – Our Navigable Waterways!
- FINALLY, for good measure, send these additional messages plus “VOTE NO ON HB386” through your elected officials’ dedicated contact pages on the Legislature’s website by finding your Senator HERE and your Representative HERE.
