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Show Gaifie r14 • County iCa f PANGUITCH • PANGUITCH LAKE • HATCH • BRYCE • TROPIC • ANTIMONY • HENRIEVILLE • CANNONVILLE • ESCALANTE • BOULDER Thursday, April 15 2010 • Issue # 264 ROYALTY REVIEW STUDY ON PUBLIC LAND ENERGY SOURCES RECREATIONAL ACCESS TO UTAH WATERS ON PRIVATE LAND How the new stream access law will affect anglers This year, the Utah Legislature passed H.B. 141: Recreational Use of Public Water on Private Property. Governor Herbert signed the bill into law, and it will take effect on May 11, 2010. The new law changes the recreational easement recognized in Conatser v. Johnson. This was the Utah Supreme Court decision in 2008 that allowed the public to walk on the private bed of a public waterbody. What does the law prohibit? The new law does not allow recreational water users (including anglers, kayakers, tubers, hunters and others) to walk on the private bed of a public waterbody. This means that if you are fishing or recreating in public water that flows over private property closed to trespass, you may not walk on the land beneath the water without obtaining landowner permission. What is trespass? To trespass is to enter someone's property unlawfully. Landowners close their property to trespass by posting a notice or otherwise communicating that access is prohibited. Irrigated pastures, cultivated lands and certain fenced areas are presumed closed to trespass. To review Utah's trespass laws, see Utah Code Sections 23-20-14, 76-6-206 and 76-6-206.3. What does the law allow? The new law allows you to float on the surface of the water, even if you're floating over private property that is closed to trespass. It also allows you to fish while floating. Your right to float only applies under the following conditions: 'Water volume. The water must have sufficient width, depth and flow to float your vessel. •Stopping prohibited. You and your vessel must move with the current and not anchor or stop. 'Public water. The water must flow in a natural channel, or it must collect in a natural lake, pond or reservoir on a natural channel. 'Excluded water. The public easement to float does not apply to any of the following waters on private property: 0A jurisdictional wetland (as defined in 33 C.F.R. 328.3) °An impounded wetland, which means a shallow body of water formed or controlled by a dike, berm or headgate 0A migratory bird production area (as defined in Utah Code Section 23-28-102) What if I encounter an obstacle while floating? Your right to float includes the following: 'Incidental touching. You may incidentally touch private property as required for safe passage and continued movement of you and your vessel. 'Portage. You may portage around a dangerous obstruction in the water, as long as you use the most direct route that follows closest to the water. Where can I access the water to float and fish? If you want to fish while floating, you must access the water at a lawful access point. This could include a highway right-of-way, public property or private property with written landowner permission. Where can I fish without obtaining permission? FRIDAY HIGH: 63 MOSTLY CLOUDY ceb FEW SHOWERS LOW: 34 SATURDAY HIGH: 63 LOW: 35 SUNDAY PARTLY CLOUDY HIGH: 63 LOW: 40 MONDAY ,* FEW SHOWERS HIGH: 60 LOW: 35 TUESDAY MOSTLY SUNNY HIGH: 60 LOW: 33 WEDNESDAY SUNNY Member of: fir Utah Press, HIGH: 58 LOW: 32 ** * ** IFPA. INDEPENDENT FREE PAPERS OF AMERICA There are still thousands of places you can fish without obtaining landowner permission. You do not need permission to: 'Fish while floating over private property. 'Fish on public property where the activity is authorized by the managing agency. This applies to fishing on property owned by the U.S. Forest Service, the Bureau of Land Management, the DWR and other public agencies. 'Fish on private property that is not closed to trespass. If possible, try to communicate with landowners before you float over property closed to trespass. It is courteous and always appreciated. The DWR has also worked with other agencies and private landowners to obtain public access to stretches of the following rivers and streams: Duchesne River, Little Bear River, Ogden River, Provo River (middle section), Salt Creek, Sanpitch River, Spanish Fork River, Strawberry River, Thistle Creek, Weber River and many others. To find a waterbody where you do not need permission to walk the bed, contact the DWR office in the region where you want to fish. You can also visit the DWR's Fishing Hotspots, Community Fisheries, Blue Ribbon Fisheries and Walkin-Access sites to learn about more great places to As part of Secretary of the Interior Ken Salazar's efforts to ensure that American taxpayers receive a fair return from energy resources developed on public lands and on the Outer Continental Shelf, the Interior Department's energy agencies will review oil and natural gas fiscal systems in other countries and cornpare them with those used by the U.S. Government for federally-owned offshore and onshore lands. Interior's Minerals Management Service (MMS) and Bureau of Land Management (BLM) will jointly contract for the competitive "Comparative Assessment of the Federal Oil and Gas Fiscal System" study in a cooperative interagency agreement. The results of this study will enable the Department to ensure that its leasing policies are providing the public a fair return on federally-owned oil vide some common-sense grounds for comparison as we evaluate our royalty rates and our oil and gas fiscal policies in the context of global markets." The purpose of the study is to inform decisions about federal lease terms, such as a royalty, by consistently comparing the federal oil and gas fiscal systems with those of other countries. The study will explain the methods and appropriate uses of international cornparisons, collect data and construct consistent cornparisons, and apply that information to current issues about federal lease terms. Comparison of the U.S. government return with that of other countries may reveal the potential for greater revenues to the federal government. The study's final report is expected to be completed nine months after the contract is awarded. WA UTAH PARTNERS WITH DISCOVERY GATEWAY IN A YOUTH INITIATIVE ROCK ART EXHIBIT interactive activities. The exhibit will also focus on archaeology, teach visitors about rock art and artifact protection and preservation, and BLM careers in archaeology. Interactions include art projects, a 3-dimensional Anasazi granary, and an archaeological dig pit. The exhibit opens to the public on April 10 and will remain at the Museum until June 10, 2010, where the exhibit will travel around to schools in Utah. WHO: • Discovery Gateway Children's Museum • Department of Interior: Bureau of Land Management, Utah State Office • Utah Office of Museum Services & Center for the Arts • Center for Documentary Arts WHEN: Saturday, April 10 to June 10, 2010 WHERE:Discovery Gateway, 444 West 100 South, Salt Lake City, UT 84101 VISUALS: Prevention (CDC). ing, the plan includes a Exhibit includes life-size "The workgroups meet strategy to support licensed photographic reproductions year-round to put the strate- childcare facilities in volof Utah rock art sites, 3-digies to work," said Blades. untarily adopting new polimensional Anasazi granary, "By involving state and lo- cies. Those policies would an archaeological dig pit, cal partners with varied ex- set limits on the amount of and the Center for Docupertise and perspectives, we time children spend watchmentary Arts photographic have created a sustainable ing television or playing exhibit, Sacred Images: A plan that will be used as a video games during the day. Vision of Native American framework over the next In the health care setting, Rock Art. Visuals will also decade to guide obesity pre- one strategy is to determine include sneak peek guests vention efforts in Utah." the number of physicians and Museum visitors exThe PANO State Plan's who document height/ periencing the exhibit, e.g. target areas include: weight in patient charts, as •increase physical activity; well as documenting the uncovering artifacts in the •increase consumption of numbers of children who dig pit, climbing inside the granary, and creating art fruits and vegetables; are overweight or obese projects. •decrease consumption of who get treatment for the For more information sugar-sweetened bever- problem. about the Rock Art Exhibit, ages; Obesity is a public health •increase breastfeeding ini- priority because of its asso- Discovery Gateway Children's Museum or about tiation, exclusivity and du- ciated risk with many other reserving the traveling exration; chronic illnesses such as hibit contact: Bureau of •decrease consumption of heart disease and diabetes. Land Management, 801high-energy-dense foods; To access a copy of the 539-4000, www.blm.gov/ •decrease television view- PANO State Plan and/or to ut/st/en.html, Discovery ing. get involved in these public Gateway, (801) 456-5437, As a practical example, health efforts, visit: www. or, www.discoverygateway. to decrease television view- health.utah.gov/obesity/ org . The Bureau of Land Management has partnered with Discovery Gateway children's museum in the newest hands-on exhibit, Utah's Rock Art, featuring Utah's Center for the Documentary Arts traveling exhibit, Sacred Images: A Vision of Native American Rock Art. The exhibit explores the four types of rock art commonly found in Utah through images and NEW 10-YEAR NUTRITION AND PHYSICAL ACTIVITY PLAN LAUNCHED The Utah Department of Health (UDOH) is launching a plan focused on ways to make it easier for Utahns to eat healthy and be active. "The purpose of the Plan is to create a statewide movement where community members as well as public and private organizations work together to make healthy choices affordable and accessible to all Utahns," said Lynda Blades, Manager of the UDOH Physical Activity, Nutrition & Obesity Program (PANO). The goals and strategies were created by a diverse group of partners and focus on the following settings: health care, school, worksite, and community. Workgroups were formed and they selected strategies to help address six target areas set as priorities by the Centers for Disease Control and Well, if I called the wrong number, why did you answer the phone? James Thurber Lac_i and gas resources, while balancing other objectives, including production and environmental stewardship. "MMS and BLM are undertaking this study in response to a 2008 Government Accountability Office report that suggested the return from federal oil and gas leases is lower than what other resource owners worldwide are receiving," said MMS Director Liz Birnbaum. "We are assessing the federal oil and gas fiscal systems because the Department does not routinely monitor fiscal systems in other countries. We need to consider international comparisons in selecting fiscal parameters for our leases." "The Administration is committed to ensuring that taxpayers receive a fair return from mineral production on their lands," said BLM Director Bob Abbey. "This study will pro- THE GARFIELD COUNTY INSIDER is owned and operated by Snapshot Multimedia and is distributed weekly to all of Garfield County. Its purpose is to inform residents about local issues and events. Articles submitted from independent writers are not necessarily the opinion of Snapshot Multimedia. 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