Utah Stream Access Coalition v. VR Acquisitions, LLCAnnotate this Case
The Supreme Court reversed the judgment of the district court striking down the Public Waters Access Act (PWAA), Utah Code 73-29-101 to 73-29-208, under “public trust” principles set forth in Utah Const. art. XX, 1, holding that the district court erred in treating the easement established by Conaster v. Johnson, 194 P.3d 897 (2008), as a matter beyond the legislature’s power to revise or revisit.
The Supreme Court held in Conaster that the incidental right of touching the privately-owned bed of state waters is reasonably necessary to the public right to float on the water and to wade in the waters for recreation. Thereafter, the legislature enacted the PWAA, which restricted the scope of the Conaster easement by foreclosing the right to touch a streambed for purposes other than flotation. The Utah Stream Access Coalition then filed this lawsuit asserting a constitutional right of its members to wade in waters of the Provo River flowing through land owned by VR Acquisitions. The district court granted relief. The Supreme Court reversed, holding that its analysis in Conaster was based only on common-law easement principles, and because common-law decisions are subject to adaptation or reversal by the legislature, the district court erred in treating the Conaster easement as a right rooted in constitutional soil.