§ 73-29-202. Public right to float on public waters.

(1) There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating.

(2) Subsection (1) includes the right to:

(a) incidentally touch private property as required for safe passage and continued movement;

(b) portage around a dangerous obstruction in the water, if portage is made in a manner that is:

(i) most direct;

(ii) least invasive; and

(iii) closest to the water; and

(c) fish while floating.

(3) A person exercising the right that this section recognizes:

(a) shall enter and exit the water at a point on public property or private property with permission of the owner; and

(b) may not stop on private property.

(4)

(a) The right this section recognizes does not prevent the establishment of broader public recreational access in accordance with this chapter.

(b) Notwithstanding Subsection (4)(a), the right this section recognizes does not establish broader public recreational access.

Amended by Chapter 340, 2011 General Session