Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102
Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:
(i)
floating;
(ii)
fishing; or
(iii)
waterfowl hunting conducted:
(A)
in compliance with applicable law or rule, including Sections 23-20-8, 73-29-203, and 76-10-508; and
(B)
so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(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:
(i)
continuous during the season conducive to the recreational access;
(ii)
open and notorious;
(iii)
adverse; and
(iv)
without interruption.
(2)
The permissive use of a public water on private property granted by the owner is not an adverse use.
(3)
(a)
A property owner’s overt act intended to interrupt uninvited recreational access is a sufficient interruption to restart any period of use that may have already begun under Subsection (1) if the evidence, taken as a whole, shows that the act came to the attention of the public or resulted in actual interruption.
(b)
If an overt act is established in a final judgment to have interrupted recreational access, no other person may challenge the existence of the overt act in a subsequent action.
(4)
The extent and nature of the public recreational access permitted under Subsection (1) is determined by the nature of the historical recreational access during the 10 consecutive years required under Subsection (1).
(5)
When a public water is a lake, pond, or reservoir located on a natural stream and on private property, any portion that has been developed or protected for private hunting is not subject to public recreational access even though the remainder of the public water qualifies for public recreational access under this section.
(6)
A right of public recreational access on private property, established in accordance with this section, may not be closed without authorization of other law.
