73-29-202 - Public right to float on public waters.
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, andflow 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 passage and continuedmovement;
(b) portage around a dangerous obstruction in the water, if portage is made in a mannerthat is:
(i) most direct;
(ii) least invasive; and
(iii) closest to the water; and
(c) fish while floating.
(3) A person exercising the right this section recognizes:
(a) shall enter and exit the water at a point on public property or private property withpermission of the owner; and
(b) may not stop on private property.
(4) (a) The right this section recognizes does not prevent the establishment of broaderpublic recreational access in accordance with this chapter.
(b) Notwithstanding Subsection (4)(a), the right this section recognizes does not establishbroader public recreational access.
Enacted by Chapter 410, 2010 General Session