dubob
Community Organizer
Posts : 418
Join date : 2010-06-02
Age : 82
Location : Hooper, UT
 | | Subject: COURT MAKES KEY RULINGS IN FAVOR OF PUBLIC ACCESS TO UTAH STREAMS Tue May 22, 2012 7:46 am | |
| This is truely some great news for the common folks of Utah. - Quote :
- PRESS RELEASE
Issued by: The Utah Stream Access Coalition
Monday, May 21, 2012
Today, Judge Derek Pullan of Utah’s 4th District Court issued a much-anticipated decision in the Utah Stream Access Coalition’s constitutional challenge to Utah’s Public Waters Access Act, also known as H.B. 141. While the decision in Utah Stream Access Coalition v. ATC Realty, et al., did not fully resolve all stream access issues in Utah , it did resolve several highly-contested issues in favor of stream access, including: (a) the waters flowing in Utah’s rivers and streams are and have always been owned by the public; (b) the public has an easement to use its public waters in place for any lawful purpose, including all recreational activities that use the waters; (c) these rights are protected by Utah’s Constitution; and (d) legislative authority to regulate the public’s right to use its public waters in place is limited by public trust principles. Judge Pullan also ruled that the Legislature exceeded its legislative powers under the Utah Constitution when it passed H.B. 141.
Judge Pullan requested further briefing on whether H.B. 141’s access restrictions violate public trust principles. USAC counsel is working on the supplemental briefing and is cautiously optimistic that those efforts will result in a favorable ruling on that issue. | |
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voiceofreason
Activist
Posts : 756
Join date : 2010-05-31
Age : 59
Location : SLC
| | Subject: Re: COURT MAKES KEY RULINGS IN FAVOR OF PUBLIC ACCESS TO UTAH STREAMS Wed May 23, 2012 6:06 pm | |
| Praise the LORD!!! It's good to see the most corrupt Administration
in the nation being set straight.
Now if the court will follow through and follow legal precedent and restore
access we'd be back in business.
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