Utahns Win Five-Year Battle for Stream Access

November 05, 2015 By Ross Purnell, Editor

On Nov. 4, 2015, Judge Derek Pullan of Utah's 4th District Court ruled in favor the public's right to lawfully access and recreate on Utah's public rivers and streams.

The ruling culminates a lawsuit filed by the Utah Stream Access Coalition in 2010, which sought to declare the "Public Waters Access Act" unconstitutional. The ignominiously named Act, contrary to its title, removed of the public's right to use over 2,700 miles of Utah's rivers and streams, many miles of which have benefited from publicly-funded habitat and stream bank restoration, flood abatement, and other projects. The lawsuit named as defendants the State of Utah and Victory Ranch, a Wasatch County development selling luxury home sites offering exclusive access to more than four miles of the Provo River, one of Utah's premier blue ribbon trout fisheries.

"This is a case where policy triumphed over profits; where law prevailed over lobbying" Coalition President Kris Olson said. "The rivers and streams of our state are gifts of providence, and the lifeblood of this arid land. Since before statehood, these rivers have been used by all, and we're grateful that the Court prevented that use from becoming exclusive to a privileged few."

In the 61-page decsion, Judge Pullan noted that the Act served no trust or greater public purpose and substantially impaired the public's interest in the resource that remains, that is, the waters and streams of Utah. The Court observed that "Every parcel of public land, every reach of public water is unique. If Wasatch, Kodachrome Basin, and Snow Canyon State Parks were disposed of...the public's right to recreate in other places would be of little consolation."

Public access to parts of the Provo and Weber rivers was taken away by the so-called Stream Access law (HB141). This Adam Barker photo is from the April-May 2011 issue of FLY FISHERMAN and the story "Locked Out" by Brett Prettyman

In the ruling the Court prohibits Victory Ranch from any action which 'prohibits, prevents, impedes, limits or impairs the public's right to access the Upper Provo River where it flows through VRA's property,' and prohibits the State of Utah from enforcing the restrictions provided in the Act.

A coalition newsletter says the decision is likely "only one more step toward resolution. While we have won both (the Weber and Provo) cases at the district court level, we still anticipate two appeals to the Utah Supreme Court."

To join the coalition or to make a donation, visit www.utahstreamaccess.org. This is the single-most important issue facing the fly fishers of Utah and the entire nation is watching. If state government is able to hand the rivers of Utah over to private interests, then other states are more likely to follow suit and succeed.

Recent Videos

Gear

Trailer: The Kids Are Alright

Gear

Trailer: The Kids Are Alright

Members of the Northern Arapaho and Eastern Shoshone tribes, Costa Sunglasses, and others are working with the non-profit organization Indifly to find a contemporary means of living off the land–by creating sustainable livelihoods that utilize ecotourism to create jobs, industries, and a new paradigm of hope, particularly in the next generation. Check out this trailer for an upcoming short film on their impacts in a remote and impoverished part of Wyoming.

Gear

Fly Tier's Bench: How to Tie Craven's Lil Bit Nymph

Gear

Fly Tier's Bench: How to Tie Craven's Lil Bit Nymph

Sometimes the hardest part of perfecting a new fly is knowing when to stop tinkering and call it good. One of Craven's favorite mentors, John Barr, epitomizes this trait and there is nary a material in any of his flies that doesn't have a good reason to be there. The same goes for Pat Dorsey and Lance Egan. Their flies are minimalistic in materials, simple to tie, and mimic naturals without any unnecessary window dressing. His latest offering, dubbed the ᾽Lil Bit, does not feature complicated tying tricks or unusual materials, but is a simple and easy-to-tie nymph that catches trout like crazy.

How-To/Techniques

Ed Jaworowski's Functional Fly Casting Part 1: Acceleration

How-To/Techniques

Ed Jaworowski's Functional Fly Casting Part 1: Acceleration

It's vital to understand that, since fishing conditions and situations change endlessly, there can be no rigid or fixed rules or instructions for casting. You cannot specify where to start, move, or stop your arm or rod, or the direction and distance to move them, before deciding on the result you want from the cast. You must take various factors into account, including the fly being cast, the desired direction and distance, wind, any obstructions—whether overhead or to the side or rear—and more.

News

Jimmy Carter Was One of Us

News

Jimmy Carter Was One of Us

Former U.S. President, humanitarian, and avid fly angler Jimmy Carter passed away at age 100. Carter entered hospice care in February of 2023 and exceeded expectations one final time by making it until now. Aside from his in-office accomplishments and post-presidency legacy of conservation and charitable endeavors, he was as fishy an angler as anyone. His passion was evident in his many articles on the pages of, and experiences with the editors of, Fly Fisherman. We honor his contributions to better our world.

News

The Genesis of a Film: Legacy

News

The Genesis of a Film: Legacy

Legacy: The Cathy & Barry Beck Story by Mending the Line's Joshua Caldwell is the hopeful story of where Barry goes after losing his wife, business partner, fishing buddy, and muse. Caldwell once again tackles the subjects of loss, healing, and recovery in the sweeping story of the life and legacy of fly-fishing's best-known and influential couple. The is the culmination of months of filming, gathering interviews, archival materials, and then creating a touching story that will emotionally move you and inspire you. The film is part of the International Fly Fishing Film Festival (IF4) and will play in nearly 200 theaters globally in 2025. The first event is Jan. 9 in Seattle Washington. For a complete list of events near you visit https://www.flyfilmfest.com.

News

Salmon Return to the Klamath River

News

Salmon Return to the Klamath River

With the Klamath River flowing completely free for the first time in over 100 years, the next question was how soon the salmon would return. It didn't take long. In October, scientists with CalTrout documented Chinook salmon beginning to migrate beyond the site of the former Iron Gate Dam for the first time since 1912. Oregon Department of Fish and Wildlife (ODFW) then confirmed that on October 16 that a run of Chinook salmon was identified by biologists in a tributary of the Klamath River. Watch as Michael Wier and CalTrout document the dam removal and the amazing return of this sacred fish.

Destinations/Species

Simms Presents - Destination: Skeena

Destinations/Species

Simms Presents - Destination: Skeena

Steelheading on the Skeena is more than fishing — it's a way of life.

News

Just Do It: Nike and Drake Plunge into Fly Fishing

News

Just Do It: Nike and Drake Plunge into Fly Fishing

One of the biggest names in hip-hop and pop culture, and the biggest brand in sports apparel, are doing more than just “dipping their toes” into the fly-fishing universe. Nocta—a Nike sub-label owned by Nike and award-winning hip hop and R&B artist Drake—dove headfirst into fly-fishing waters with an entire new line of “fly-fishing-inspired urban wear.”

News

Abel x Nocta Fly Reel

News

Abel x Nocta Fly Reel

Check out this 360-degree view of Abel's new collab reel with Nike and Drake's brand Nocta. A truly badass reel.

How-To/Techniques

G. Loomis's “Feel Connected” Episode 2: "Rolled Up"

How-To/Techniques

G. Loomis's “Feel Connected” Episode 2: "Rolled Up"

Creating blanks with dialed technique-specific actions that perform under extreme load without failure doesn't just “happen.” Thousands of hours of R&D, materials planning, and precise manufacturing processes are wrapped into every rod that goes out G. Loomis's door. “Rolled Up”—the second episode in G. Loomis's “Feel Connected” video series—reveals each step of their blank-building process, from raw materials to inspection. Along the way, meet the individuals who handcraft these fishing tools daily in their Woodland, Washington manufacturing facility.

Gear

How to Tie Chicone's Magnum Mantis Fly

Gear

How to Tie Chicone's Magnum Mantis Fly

Saltwater flats fishing has come a long way in the past few decades, but one of the most peculiar things about that fact is that it seems the flies, for the most part, have remained straight outta the 70s. Check out this new take on an important flats prey item.

How-To/Techniques

Fly Tier's Bench: How to Tie Egan's Poacher

How-To/Techniques

Fly Tier's Bench: How to Tie Egan's Poacher

Fly-fishing competition guys like Lance Egan and George Daniel figured out that you didn't always need to strip a streamer to draw a trout's attention. Sometimes a very slow, swinging and even hopping motion down deep was just what the fish were after. Egan has debuted his latest jig-hook streamer offering, and dubbed it the Poacher. It is not only a compelling fly to tie and fish, but the logic and thought process behind it are interesting as well.

See All Videos

Buy Digital Single Issues

Don't miss an issue.
Buy single digital issue for your phone or tablet.

Get the Fly Fisherman App

Other Magazines

Game & Fish

In-Fisherman

Florida Sportsman

Fly Fisherman

See All Other Magazines

Special Interest Magazines

2023 Fly Fisherman Destinations

Buy A Copy

2023 Fly Fisherman Destinations

Buy A Copy

2023 Fly Fishing Made Easy

Buy A Copy

2023 Fly Fishing Made Easy

Buy A Copy

2023 Catfish In-Sider Guide

Buy A Copy

2023 Catfish In-Sider Guide

Buy A Copy

2023 In-Fisherman Bass Guide

Buy A Copy

2023 In-Fisherman Bass Guide

Buy A Copy

2023 Kayak Fishing Fun

Buy A Copy

2023 Kayak Fishing Fun

Buy A Copy

2023 In-Fisherman Bass Guide Gear Box

Buy A Copy

2023 In-Fisherman Bass Guide Gear Box

Buy A Copy

See All Special Interest Magazines

More You May Be Interested In

Phone Icon

Get Digital Access.

All Fly Fisherman subscribers now have digital access to their magazine content. This means you have the option to read your magazine on most popular phones and tablets.

To get started, click the link below to visit mymagnow.com and learn how to access your digital magazine.

Get Digital Access

Not a Subscriber?

Subscribe Now

Fly Fisherman Exclusive: Lani Waller's Final Book "Grasshopper Bridge"

Fly Fisherman's Gear Guide 2025 is Now Available!

Subscribe & Save.

Utahns Win Five-Year Battle for Stream Access

Video That May Interest You

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Recommended Articles

Recent Videos

GET THE MAGAZINE Subscribe & Save

Buy Digital Single Issues

Don't miss an issue.Buy single digital issue for your phone or tablet.

Other Magazines

Game & Fish

Game & Fish

In-Fisherman

In-Fisherman

Florida Sportsman

Florida Sportsman

Fly Fisherman

Fly Fisherman

Special Interest Magazines

2023 Fly Fisherman Destinations

2023 Fly Fisherman Destinations

2023 Fly Fishing Made Easy

2023 Fly Fishing Made Easy

2023 Catfish In-Sider Guide

2023 Catfish In-Sider Guide

2023 In-Fisherman Bass Guide

2023 In-Fisherman Bass Guide

2023 Kayak Fishing Fun

2023 Kayak Fishing Fun

2023 In-Fisherman Bass Guide Gear Box

2023 In-Fisherman Bass Guide Gear Box

More You May Be Interested In

GET THE NEWSLETTER Join the List and Never Miss a Thing.

Get Digital Access.

Not a Subscriber?

Get a Full Yearof Guns & Ammo& Digital Access.

Get the Newsletter

Don't miss an issue.
Buy single digital issue for your phone or tablet.

Get a Full Year
of Guns & Ammo
& Digital Access.