Utah Code 73-29-206. Effect of chapter on other uses and restrictions — Required acts
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(1) Nothing in this chapter affects the right of the public to use public water for public recreational access, including the touching of the bed beneath the public water if:
Terms Used In Utah Code 73-29-206
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public access area: means the limited part of privately owned property that:
(6)(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and(6)(b) is open to public recreational access under Section 73-29-203; and(6)(c) can be accessed from an adjoining public assess area or public right-of-way. See Utah Code 73-29-102- Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102
- Public water: means water:
(8)(a)(i) described in Section 73-1-1; and(8)(a)(ii) flowing or collecting on the surface:(8)(a)(ii)(A) within a natural or realigned channel; or(8)(a)(ii)(B) in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102- Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:
(9)(a)(i) floating;(9)(a)(ii) fishing; or(9)(a)(iii) waterfowl hunting conducted:(9)(a)(iii)(A) in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-10-508; and(9)(a)(iii)(B) so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102(1)(a) the bed beneath the public water is public property; or(1)(b) the bed beneath the public water is private property to which access is not restricted.(2) A person using a public water for public recreational access is subject to any other restriction lawfully placed on the use of the public water by a governmental entity with authority to restrict the use of the public water.(3) Nothing in this chapter limits or enlarges any right granted by express easement.(4) When leaving a public access area, a person shall remove any refuse or tangible personal property the person brought into the public access area.