Opponents of Utah H.B. 386 contend that it represents an effort to privatize public natural resources, thereby restricting lawful recreational activities like fishing. (Shutterstock photo)
February 07, 2025
By Fly Fisherman Staff
A new bill introduced in the Utah Legislature seeks to amend the state's Public Waters Access Act (PWAA), potentially limiting public access to certain rivers and streams. House Bill 386 (H.B. 386) aims to redefine "navigable waters" and establish more stringent criteria for determining navigability.
Opponents of the bill, including the Utah Stream Access Coalition (USAC) , contend that it represents an effort to privatize public natural resources, thereby restricting lawful recreational activities like fishing. They urge citizens to contact their elected representatives and members of the House and Senate Natural Resources Committees to express opposition to H.B. 386.
USAC has detailed how best to fight back, including how to call or text (which is more effective than e-mail), and being respectful while expressing your disapproval.
The PWAA, enacted in 2010, revoked public access to approximately 2,700 miles of Utah's rivers and streams, accounting for about 43% of the state's fishable waters. Since its passage, the act has remained largely unchanged. H.B. 386 proposes amendments to Sections 102, 201, and 203 of the PWAA, focusing on altering the definition of navigable waters and complicating the process to prove a waterway's navigability. Anglers are permitted to recreate on the beds and banks of the river, so long as they enter it from a lawful access point, on waterways that have been deemed navigable in Utah.
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The timing of this bill coincides with the Fourth District Court's upcoming consideration of the Lower Provo River's historical use for commerce, such as log and railroad tie drives, prior to statehood. Evidence supporting the river's navigability could classify it as state sovereign land, held in trust for public use. Critics argue that H.B. 386 seeks to preempt such judicial determinations by imposing more restrictive definitions and proof requirements. USAC laid out its case over a decade ago that the Lower Provo was in fact historically used for commercial activities, deeming that it should be considered navigable.
H.B. 386 comes on the heels of an attempt by the state of Utah to transfer 18.5 million acres of public lands managed by the Bureau of Land Management (BLM) into state control , including sections of prized fisheries such as the Green River below Flaming Gorge Dam, the Provo River and the Weber River. This was rejected by the U.S. Supreme Court in January.
USAC laid out its case over a decade ago that the Lower Provo River was in fact historically used for commercial activities, deeming that it should be considered navigable, thus open to fishing. (Adam Barker photo) The Board of Directors and Co-Counsel of the USAC has laid out its arguments in detail in an online document . The bullet points are:
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The amendment to Section 102(a)(4) of the Act confuses the definition of Navigability The addition of Section 201(4) of the Act unfairly tilts the scales in favor of those who would claim Utah’s navigable waters and their beds for themselves. The amendment to Section 201(2) also unfairly tilts the scales against those seeking to establish a historical easement to use Utah’s rivers and streams This is the latest attempt at a years-long campaign by some in the Utah legislature to dial back anglers’ rights to access rivers . Though there has been some hope that the tides are turning, this legislation would seem to indicate otherwise. See the full timeline of Utah’s recent stream access battles here.
USAC is hosting a Fishing Day on the Hill at Utah’s Capitol Rotunda in Salt Lake City from 8am to 9:30am on Monday, February 10, to demonstrate the opposition to such ideas.
