Terms Used In Utah Code > Title 73 > Chapter 29 > Part 2 - Recreational Access to Public Water

• Division: means the Division of Wildlife Resources. See Utah Code 73-29-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Floating access: means the right to access public water flowing over private property for floating and fishing while floating upon the water. See Utah Code 73-29-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Navigable water: means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation. See Utah Code 73-29-102
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• 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
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5