Bill > HB0386

This bill amends Utah's Public Waters Access Act to clarify and tighten regulations around public access to waterways on private property. The bill redefines "navigable water" to require a more specific determination of navigability at the time of statehood, and establishes a rebuttable presumption that stream beds are private property. To gain public recreational access to a waterway crossing private land, the public must prove a continuous, open, and adverse use of the water for at least 10 consecutive years after 1982, with the burden of proof now explicitly placed on those claiming public access. The bill specifies that access is only permitted for specific recreational activities like floating, fishing, and limited waterfowl hunting, and requires that such access be done without disturbing private property. Property owners can interrupt public access through overt acts that effectively stop ongoing use, and certain water bodies, such as developed or protected hunting areas, remain exempt from public access. The bill also defines what constitutes "private property to which access is restricted" and clarifies that permission from the landowner or a legally established easement are the only ways to legally access public waters on private property. The legislation is set to take effect on May 7, 2025.

https://le.utah.gov/~2025/bills/static/HB0386.html