night fishing state park fees

[fuzzyfisher]

here is one other thing i found that should and can be used to help!!

the Utah Supreme court decision on Easement!

first page 7th paragraf: Analys's:

quote word for word: our analys's begins with a review of public ownership and private owership rights in the beds that lie beneath those waters we then review the district court's decision regarding the scope of the public's easement in state waters.

I. STATE WATERS ARE OWNED BY THE PUBLIC WHICH HAS AN EASEMENT TO USE THOSE WATERS WHILE THE BED OF THE STATE WATERS MAY BE PRIVATELY OWNEN.

8th.
by statute ALL waters in this state whether above or under ground are HEREBY DECLARED TO BE PROPERTY OF THE PUBLIC, subject to ALL EXISTING RIGHT'S TO THE USE THEROF.
under this doctrine of the public ownership the public owns state waters and has an easemet over the water REGARLESS OF WHO OWNS!..

Utah code Ann 73-1-1 (supp.2007) see see also Adams V Portage Irrigation, Reservoir and power Co. 72.2d 648 652 (Utah 1937) (holding that waters in utah are of two classes private and public and title to public waters " is in the public; ALL ARE EQUAL OWNERS THAT IS HAVE COEQUAL RIGHTS THEREIN!..


so in that rulling i find nothing saying the state parks have any rights to charge a fee to use the water! in fact it say's the water belongs to the public and is owened by each and everyone in utah...

in fact under that rulling it sounds to me that the State parks board is brakeing the law by denying ACCESS to the public by charging a FEE!
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