§ 73-29-102. Definitions.

     As used in this chapter:

(1) "Division" means the Division of Wildlife Resources.

(2) "Floating access" means the right to access public water flowing over private property for floating and fishing while floating upon the water.

(3) "Impounded wetlands" means a wetland or wetland pond that is formed or the level of which is controlled by a dike, berm, or headgate that retains or manages the flow or depth of water, including connecting channels.

(4) "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.

(5) "Private property to which access is restricted" means privately owned real property:

(a) that is cultivated land, as defined in Section 23-20-14;

(b) that is:

(i) properly posted, as defined in Section 23-20-14;

(ii) posted as described in Subsection 76-6-206(2)(b)(iii); or

(iii) posted as described in Subsection 76-6-206.3(2)(c);

(c) that is fenced or enclosed as described in:

(i) Subsection 76-6-206(2)(b)(ii); or

(ii) Subsection 76-6-206.3(2)(b); or

(d) that the owner or a person authorized to act on the owner's behalf has requested a person to leave as provided by:

(i) Section 23-20-14;

(ii) Subsection 76-6-206(2)(b)(i); or

(iii) Subsection 76-6-206.3(2)(a).

(6) "Public access area" means the limited part of privately owned property that:

(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and

(b) is open to public recreational access under Section 73-29-203; and

(c) can be accessed from an adjoining public assess area or public right-of-way.

(7) "Public recreational access" means the right to engage in recreational access established in accordance with Section 73-29-203.

(8)

(a) "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.

(b) "Public water" does not include water flowing or collecting:

(i) on impounded wetland;

(ii) on a migratory bird production area, as defined in Section 23-28-102;

(iii) on private property in a manmade:

(A) irrigation canal;

(B) irrigation ditch; or

(C) impoundment or reservoir constructed outside of a natural or realigned channel; or

(iv) on a jurisdictional wetland described in 33 C.F.R. 328.3.

(9)

(a) "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.

(b) "Recreational access" does not include:

(i) hunting, except as provided in Subsection (9)(a)(iii);

(ii) wading without engaging in activity described in Subsection (9)(a); or

(iii) any other activity.

Enacted by Chapter 410, 2010 General Session