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Access in the New West

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Access in the New West

Postby WatchinTheWater » November 30th, 2008, 8:44 am

In my travels this year I came accross two intresting articles reading local papers in Utah and Montana. Both cases concern river access.

The Utah case was persued by a river rafter who was cited for tresspassing on the Weber River. The citation was dropped quickly when it became obvious that it was wrongly issued. The rafter sued for unrestricted access below high water and was successfull in changing Utah law.

The Montana case involved a very rich ranch owner who had fenced off river access at several locations under the argument that the fences were for the purpose of containing stock. The judge agreed that containing stock was reasonable but the land owner was to provide river access by gate or ladder without exception.

Utah looks like it is trying to shift into the new west allowing river access. Montana has been a strong defender of river access and seems committed to continue strongly defending it's current laws. Colorado, my new home, is unfortunately still rooted in the old west and private water requires land owner permission for access. Until the law is challenged here I'll be looking for a few connections to add to the public access.

Happy Fishin'
Dave
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Re: Access in the New West

Postby RSetina » November 30th, 2008, 9:31 am

Great info Dave. Thanks for posting the results of the lawsuits. I guess we can chalk one up for the anglers.
Rick

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