Vote Smart's Synopsis:

Vote to pass a bill that prohibits individuals from accessing public waters that are located on private land without the permission of the owner of the property, unless it is one of the public waters specified in this Act in which individuals are guaranteed access to for recreational activity, and establishes the Recreational Access Board to recommend additional public waters to which individuals should be guaranteed access.

Highlights:

- Prohibits individuals from engaging in recreational activity in or on public waters that are located on or adjacent to private property within 150 feet or within view, whichever is closer, of a single family house built before May 12, 2009, provided that the owner of the house posts a visible notice indicating the area in which recreational activity is prohibited (Sec. 6). - Defines "recreational activity" as fishing, swimming, or floating on a vessel for a recreational purpose, or a commercial purpose if the individual is guiding or outfitting another individual (Sec. 4). - Authorizes individuals to engage in recreational activities on or in the following public waters, including those that are located on or adjacent to private property, unless they are located on Indian land (Sec. 7):

- Bear River from the Idaho state line in Cache County to the Great Salt Lake in Box Elder County; - Little Bear River from the outlet of Porcupine Reservoir downstream to Highway 30; - Logan River from Highway 30 upstream to the U.S. Forest Service boundary line in Logan Canyon; - Price River from the confluence with the White River and Lower Fish Creek downstream to the State Road 10 bridge; - Jordan River from Utah Lake to the Great Salt Lake; - Duchesne River from the Highway 40 bridge in Myton upstream to the U.S. Forest Service boundary line on the North Fork and West Fork of the Duchesne River; - Strawberry River from the confluence with the Duchesne River upstream to the Strawberry Reservoir dam; - Sevier River from the confluence with Asay Creek south of the Highway 89 bridge downstream to Yuba Reservoir; - Weber River from the confluence with the Gardners Fork in Summit County near the U.S. National Forest Service Road 138 downstream to the confluence with the Ogden River; - Bear River from the Wyoming state line east of Woodruff downstream to the Wyoming state line northeast of Sage Creek Junction; - Bear River from the Wyoming state line upstream to the confluence with the East Fork of the Bear River; - Provo River from Utah Lake upstream to the Soapstone Guard Station off State Road 150 in Wasatch County; - Ogden River from the Pineview Reservoir dam to the Great Salt Lake; - North Branch and South Branch of the South Fork of the Ogden River from Pineview Reservoir upstream to Highway 39; - North Branch and South Branch of the South Fork of the Ogden River from Causey Reservoir dam downstream to county road 8700 East; - Lower Sevier River from the Yuba dam downstream to Sevier Lake; - White River from the Colorado state line in Uintah County downstream to the confluence with the Green River; - Blacksmith Fork River from the State Road 165 bridge upstream to Lions Hollow; - Logan River from the Red Banks Campground to the Idaho state line; - Current Creek from the confluence with the Strawberry River upstream to U.S. Forest Service boundary line; - Lake Fork River upstream from the Highway 87 bridge to U.S. Forest Service boundary line; and - Diamond Fork from the confluence with Spanish Fork River upstream to U.S. Forest Service boundary line.

- Establishes the Recreational Access Board, consisting of seven members appointed by the Governor and approved by the Senate, to recommend to the Legislature the inclusion of additional public waters in which access for recreational activity ought to be guaranteed or the removal a public water from that list. The Board is authorized to issue such a recommendation if the public water meets or not longer meets the following criteria (Secs. 9-11):

- Year-round water depth and flow capable of providing opportunity to engage in recreational activity; - Either has provided and continues to provide significant opportunity for recreational activity or was closed to public access after May 12, 1989 by the owner of the property on which the public water is located and was freely used by the public without permission of the owner; and - Public access will not unreasonably impair the owner's property rights.

- This is a substitute bill sponsored by Rep. Ben Ferry.

Full Bill Text