Holland & Hart appellate attorney Michelle Quist was quoted in The Salt Lake Tribune Jan. 10 article entitled, “Before Statehood, Utahns fished in streams across private land. Does that mean they can today?” a Fox 13 News Jan. 9 article entitled, “Utah Supreme Court to decide who gets access to river and stream beds,” and appeared on The Rod Arquette Show podcast on 105.9 KNRS, “Utah Supreme Court to Decide Stream Access on Private Lands.”
Quist appeared before the Utah Supreme Court on behalf of the Utah Stream Access Coalition on its appeal asserting the established public right to access water—including water running across private land—creates a public easement that allows the recreating public to touch stream beds and use the waters.
In the oral arguments, Quist told the Utah Supreme Court, “The river is ripe for recreation use, including canoes, kayaks and anglers who necessarily touch the bottom of the river bed incidental to recreational use,” and “The Utah Constitution and courts recognize that Utahns own the public waters. But ownership of the waters without the ability to use them is worthless.”
Click here to read The Salt Lake Tribune Jan. 10 article entitled, “Before Statehood, Utahns fished in streams across private land. Does that mean they can today?”
Click here to read the Fox 13 News Jan. 9 article entitled, “Utah Supreme Court to decide who gets access to river and stream beds.”
Click here to listen to the Jan. 10 Rod Arquette Show Daily Rundown podcast on 105.9 KNRS, “Utah Supreme Court to Decide Stream Access on Private Lands.”