(1)  The public may use a public water for recreational activity if:

Terms Used In Utah Code 73-29-201

  • 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 :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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:
(i) described in Section 73-1-1; and
(ii) flowing or collecting on the surface:
(A) within a natural or realigned channel; or
(B) in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102
(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 for any lawful purpose with the private property owner’s permission.

(3)  A person may not access or use a public water on private property for recreational purposes if the private property is property to which access is restricted, unless public recreational access is established under Section 73-29-203.

Enacted by Chapter 410, 2010 General Session