73-29-201. General access provisions. (1) The public may use a public water for recreational activity if: (a) the public water: (i) is a navigable water; or (ii) is on public property; and (b) the recreational activity is not otherwise prohibited by law. (2) A person may access and use a public water on private property […]
73-29-202. Public right to float on public waters. (1) There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating. (2) Subsection (1) includes the right to: (a) incidentally touch private property as required for safe […]
73-29-203. Establishment of public recreational access. (1) Public recreational access is established if: (a) the private property has been used by the public for recreational access requiring the use of the public water for a period of at least 10 consecutive years that begins after September 22, 1982; and (b) the public use has been: […]
73-29-204. Quiet title action. (1) (a) A person, including the division, may file a quiet title action in accordance with Title 78B, Chapter 6, Part 13, Quiet Title, to obtain a judicial declaration of the existence of a right to public recreational access under Section 73-29-203. (b) The division may intervene in a quiet title […]
73-29-205. Injunctive relief. (1) The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner’s property for recreational use of public water other than use in accordance with Sections 73-29-202 and 73-29-203, when effective. (2) An injunction […]
73-29-206. Effect of chapter on other uses and restrictions — Required acts. (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: (a) the bed beneath the public water is public property; or (b) the […]
73-29-207. Fences across public water. (1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes. (2) A fence or other obstruction shall: (a) comply with an applicable federal, state, or local law; […]
73-29-208. Severability. If any of this chapter’s provisions, or the application of any of this chapter’s provisions, is held to be unconstitutional, the provision is severable and this chapter’s other provisions and applications remain effective. Enacted by Chapter 410, 2010 General Session
