Utah Code » Title 73, Chapter 29 — Public Waters Access Act; part 73-29-1 — General Provisions
Utah Code

Utah Code § 73-29-102 (2026)

Definitions

✓ current as of May 2026
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As used in this chapter:

"Division" means the Division of Wildlife Resources.
"Floating access" means the right to access public water flowing over private property for floating and fishing while floating upon the water.
"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.
"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.
"Private property to which access is restricted" means privately owned real property:
that is cultivated land, as defined in Section 23A-5-317;
that is:
properly posted, as defined in Section 23A-5-317;
posted as described in Subsection 76-6-206(2)(b)(iii); or
posted as described in Subsection 76-6-206.3(2)(c);
that is fenced or enclosed as described in:
Subsection 76-6-206(2)(b)(ii); or
Subsection 76-6-206.3(2)(b); or
that the owner or a person authorized to act on the owner's behalf has requested a person to leave as provided by:
Section 23A-5-317;
Subsection 76-6-206(2)(b)(i); or
Subsection 76-6-206.3(2)(a).
"Public access area" means the limited part of privately owned property that:
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
is open to public recreational access under Section 73-29-203; and
can be accessed from an adjoining public assess area or public right-of-way.
"Public recreational access" means the right to engage in recreational access established in accordance with Section 73-29-203.
"Public water" means water:
described in Section 73-1-1; and
flowing or collecting on the surface:
within a natural or realigned channel; or
in a natural lake, pond, or reservoir on a natural or realigned channel.
"Public water" does not include water flowing or collecting:
on impounded wetland;
on a migratory bird production area, as defined in Section 23A-13-101;
on private property in a manmade:
irrigation canal;
irrigation ditch; or
impoundment or reservoir constructed outside of a natural or realigned channel; or
on a jurisdictional wetland described in 33 C.F.R. 328.3.
"Recreational access" means to use a public water and to touch a public access area incidental to the use of the public water for:
floating;
fishing; or
waterfowl hunting conducted:
in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-11-209; and
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.
"Recreational access" does not include:
hunting, except as provided in Subsection (9)(a)(iii);
wading without engaging in activity described in Subsection (9)(a); or
any other activity.
Notes of Decisions
Cited in 6 cases (3 in the last 5 years), 2017–2023 · leading case: Utah Stream Access Coal. v. Orange St. Dev., 2017 UT 82 (Utah 2017).
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Utah Stream Access Coal. v. Orange St. Dev., 2017 UT 82 (Utah 2017). · cites it 5× “§ 73-29-102(4). ¶ 13 Orange Street challenges the district court's application of these provisions on two grounds.”
Utah Stream Access Coal. v. VR Acquisitions, LLC, 2019 UT 7 (Utah 2019). · cites it 2× “¶ 29 (quoting UTAH CODE § 73-29-102(4)). ¶31 The PWAA also recognizes an alternative basis for public access to a streambed—in an easement right of a “dominant” estate holder.”
Utah State Tax Comm'n v. See's Candies, Inc., 2018 UT 57 (Utah 2018). “" UTAH CODE § 73-29-102(4). But the district court relied on the federal interpretation of "navigable waters" to inform what our Legislature meant.”
Utah Stream v. VR Acquisitions, 2023 UT 9 (Utah 2023). · cites it 2× “§ 73-29-102(9)(a)(iii). 22 See id. § 73-29-102(9)(b).”
Adobe Whitewater Club v. State Game Comm'n (N.M. 2022). “1 See Utah Code Ann. § 73-29-102 (2010). 16 1 to recreational activities.”
Adobe Whitewater Club v. State Game Comm’n (N.M. 2022). “See Utah Code Ann. § 73-29-102 (2010). that there are segments of “non-navigable public water” within the landowner’s property whose riverbed or streambed or lakebed is closed to public access).”
Utah Code § 73-29-102(4): 3 cases
Utah Stream Access Coal. v. Orange St. Dev., 2017 UT 82 (Utah 2017). “§ 73-29-102(4). ¶ 13 Orange Street challenges the district court's application of these provisions on two grounds.”
Utah Stream Access Coal. v. VR Acquisitions, LLC, 2019 UT 7 (Utah 2019). “¶ 29 (quoting UTAH CODE § 73-29-102(4)). ¶31 The PWAA also recognizes an alternative basis for public access to a streambed—in an easement right of a “dominant” estate holder.”
Utah State Tax Comm'n v. See's Candies, Inc., 2018 UT 57 (Utah 2018). “" UTAH CODE § 73-29-102(4). But the district court relied on the federal interpretation of "navigable waters" to inform what our Legislature meant.”
Utah Code § 73-29-102(9)(a)(iii): 1 case
Utah Stream v. VR Acquisitions, 2023 UT 9 (Utah 2023). “§ 73-29-102(9)(a)(iii). 22 See id. § 73-29-102(9)(b).”
Utah Code § 73-29-102(9)(b): 1 case
Utah Stream v. VR Acquisitions, 2023 UT 9 (Utah 2023). “§ 73-29-102(9)(a)(iii). 22 See id. § 73-29-102(9)(b).”
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