Utah Stream Access Coalition v. Orange Street Development

The one-mile stretch of the Weber River at issue in this case is a “navigable water” under the Public Waters Access Act, and therefore, the public has a statutory right to recreational use to that stretch of the river. Utah Stream Access Coalition (USAC) filed this suit seeking a declaration that USAC has a right to use for recreation a one-mile stretch of the Weber River. USAC sought an injunction barring property owners and state officials from interfering with its members’ recreational use rights. The district court concluded that the disputed section of the river was navigable and issued an injunction preventing landowners and state officers from interfering with the recreational use rights of the public on this stretch of the river. The Supreme Court affirmed the district court determination that the disputed segment of the Weber River is navigable water under the Act, holding that there was sufficient evidence to support the determination that the relevant stretch of the river was commercially useful on a regular basis and not merely in an occasional season of high water. View "Utah Stream Access Coalition v. Orange Street Development" on Justia Law