1st Sub.
H.B.
187
RECREATIONAL USE OF PUBLIC WATERS ON PRIVATE PROPERTY
house floor
Amendments
Amendment 13 February 26, 2009 11:44 am
Representative Ben C. Ferry
proposes the following amendments:
1. Page
4, Line 106
:
(3) "Indian land" means land that is:
(a) held in trust by the United States for an Indian tribe or a member of an Indian tribe; or
(b) owned by an Indian or Indian tribe and is subject to restrictions against alienation.
(4) "Indian tribe" means any Indian tribe, band, nation, pueblo, or other organized group or
community that is recognized as eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
106
{
(3)
}
(5)
"Navigable water body" means a natural watercourse that is useful for commerce in
2. Page
4, Line 109
:
109
{
(4)
}
(6)
"Ordinary high water mark" means the line that a water body impresses on the soil:
3. Page
4, Lines 114 through 116
:
114
{
(5)
}
(7)
"Permission" is as defined in Section
23-20-14
.
115
{
(6)
}
(8)
"Private bed" means the bed of a water body that is not a navigable water body.
116
{
(7)
}
(9)
"Private water" means water that a person, with a valid right to use the water, has
4. Page
5, Line 119
:
119
{
(8)
}
(10)
"Property to which access is restricted" means real property:
5. Page
5, Lines 123 through 125
:
123
(ii) posted as described in
{
Title 76, Chapter 6, Part 2, Burglary and Criminal
Trespass
}
Subsection 76-6-206(2)(b)(iii)
;
124
(c) that is fenced or enclosed as described in
{
Title 76, Chapter 6, Part 2, Burglary and
125
Criminal Trespass
}
Subsection 76-6-206(2)(b)(ii)
; or
6. Page
5, Lines 129 through 130
:
129
(ii)
{
Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass
}
Subsection 76-6-
206(2)(b)(i)
.
130
{
(9)
}
(11)
(a) "Public water" means water:
7. Page
5, Line 136
:
136
{
(10)
}
(12)
"Recreational activity" means an activity that is:
8. Page
5, Line 141
:
141
engaging in an activity listed in Subsection
{
(10)
}
(12)
(c) for a recreational purpose; and
9. Page
5, Line 146
:
146
{
(11)
}
(13)
(a) "Single family dwelling" means a structure constructed and customarily
10. Page
6, Line 157
:
157
(ix) structure with a purpose similar to the structures listed in Subsections
{
(11)
}
(13)
(b)(i)
11. Page
6, Line 159
:
159
{
(12)
}
(14)
"Vessel" means a watercraft capable of floating and transporting a person on the
12. Page
6, Line 171
:
171
(b)
{
Title 76, Chapter 6, Part 2, Burglary and Criminal Trespass
}
Section 76-6-206
; and
13. Page
7, Line 199a
House Committee Amendments
2-23-2009
:
199a
H. (b)Notwithstanding Subsection (5)(a), a person may walk
or float
within the bed of a public
14. Page
7, Line 199c
House Committee Amendments
2-23-2009
:
199c
a
{
segement
}
segment
of the public water in which a recreational activity is allowed by this part.
.H
15. Page
8, Line 218
:
218
or in the following public waters
, except where the public water flows over Indian land
:
16. Page
8, Lines 228 through 229
:
228
(6) Duchesne River from the Highway 40 bridge in Myton upstream to the
{
confluence
229
with
}
United States Forest Service boundary line on
the North Fork
and West Fork
of the
Duchesne River;
17. Page
9, Lines 250b through 250c
House Committee Amendments
2-23-2009
:
250b
Lions Hollow;
{
and
}
250c
(19) Logan River from the Red Banks Campground to the Idaho state line
{
.
}
;
(20) Current Creek from the confluence with the Strawberry River upstream to United States
Forest Service boundary line;
(21) Lake Fork River upstream from the Highway 87 bridge to United States Forest Service
boundary line; and
(22) Diamond Fork from the confluence with Spanish Fork River upstream to United States
Forest Service boundary line.
.H
18. Page
11, Lines 327 through 328
:
327
(b)
(i)
has historically provided
and continues to provide
significant opportunity for a
recreational activity for the
328
public;
or
(ii) (A) was closed to public access after May 12, 1989, by the owner of the property on which the
public water is located; and
(B) (I) was open to public access for at least 20 years prior to the closure described in Subsection
(1)(b)(ii)(A); and
(II) was freely, notoriously, and continuously used by the public:
(Aa) without permission of the owner of the property on which the public water is located; and
(Bb) to an extent and under circumstances that the owner of the property on which the public
water is located would reasonably recognize the need to protect vulnerable property rights;
19. Page
13, Line 393 through Page 14, Line 407
:
393
Section 15. Coordinating H.B. 187 with H.B. 153 -- Modifying language.
394
If this H.B. 187 and H.B. 153, Trespass Law Amendments, both pass, it is the intent of
395
the Legislature that, in preparing the Utah Code database for publication, the Office of
396
Legislative Research and General Counsel
{
shall replace the references in
}
modify
:
397
(1) Subsection
73-6a-102
{
(8)
}
(10)
(b)
{
(ii) from "Title 76, Chapter 6, Part 2, Burglary
and
398
Criminal Trespass" to ": (A) Subsection
76-6-206
(2)(b)(iii); or (B) Subsection
399
76-6-206.3
(2)(c)";
}
to read:
"(b) that is:
(i) properly posted, as defined in Section 23-20-14; or
(ii) posted as described in:
(A) Subsection 76-6-206(2)(b)(iii); or
(B) Subsection 76-6-206.3(2)(c);"
400
(2) Subsection
73-6a-102
{
(8)
}
(10)
(c)
{
from "Title 76, Chapter 6, Part 2, Burglary and
401
Criminal Trespass" to ": (A) Subsection
76-6-206
(2)(b)(ii); or (B) Subsection
402
76-6-206.3
(2)(b)";
}
to read:
"(c) that is fenced or enclosed as described in:
(i) Subsection 76-6-206(2)(b)(ii); or
(ii) Subsection 76-6-206.3(2)(b); or"
403
(3)
{
in
}
Subsection
73-6a-102
{
(8)
}
(10)
(d)
{
(ii) from "Title 76, Chapter 6, Part 2,
Burglary and
404
Criminal Trespass" to ": (A) Subsection
76-6-206
(2)(b)(i); or (B) Subsection
405
76-6-206.3
(2)(a)"; and
}
to read:
"(d) that the owner or a person authorized to act on the owner's behalf has requested a person to
leave as provided by:
(i) Section 23-20-14;
(ii) Subsection 76-6-206(2)(b)(i); or
(iii) Subsection 76-6-206.3(2)(a)."; and
406
(4) Subsection
73-6a-201
(1)
{
(b) from "Title 76, Chapter 6, Part 2, Burglary and
407
Criminal Trespass" to "Section
76-6-206
or Section
76-6-206.3"
.
}
to read:
"(1) Except as provided by Subsection (2), a person who touches a private bed is subject to
liability for trespass under:
(a) Section 23-20-14;
(b) Section 76-6-206;
(c) Section 76-6-206.3; and
(d) a civil action for a claim arising out of touching the private bed."
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hb0187s01.hfa.13.wpd
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