Utah Stream Access Coalition v. VR Acquisitions LLC

The Utah Supreme Court has (finally!) issued its decision in the case of Utah Stream Access Coalition v. VR Acquisitions LLC. This case is another progression in the stream access issue that has been bouncing between the courts and the Utah legislature for more than 10 years.In the 2008 decision in Conatser v. Johnson, the Utah Supreme Court established a broad public easement to utilize the beds of Utah's waterways for recreational purposes. In response to this decision, the Utah legislature adopted the Public Water Access Act in 2010. The Act placed restrictions on the broad easement recognized under Conatser. Specifically, the Act restricted recreational access to water on public property and to waterways that are navigable. Another court case, Utah Stream Access Coalition v. Orange Street Development, litigated the navigability component of the Act, which resulted in a stretch of the Weber River being declared navigable and therefore open to public access.In the…

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