Utah Code 73-1-1. Waters declared property of public
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(1) All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof.
Terms Used In Utah Code 73-1-1
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The declaration of public ownership of water in Subsection (1) does not create or recognize an easement for public recreational use on private property.
(3) The Legislature shall govern the use of public water for beneficial purposes, as limited by constitutional protections for private property.
(4) The right of the public to use public water for recreational purposes is governed by Chapter 29, Public Waters Access Act.