Utah Code » Title 73, Chapter 29 — Public Waters Access Act; part 73-29-2 — Recreational Access to Public Water
Utah Code

Utah Code § 73-29-202 (2026)

Public right to float on public waters

✓ current as of May 2026
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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.
Subsection (1) includes the right to:
incidentally touch private property as required for safe passage and continued movement;
portage around a dangerous obstruction in the water, if portage is made in a manner that is:
most direct;
least invasive; and
closest to the water; and
fish while floating.
A person exercising the right that this section recognizes:
shall enter and exit the water at a point on public property or private property with permission of the owner; and
may not stop on private property.
The right this section recognizes does not prevent the establishment of broader public recreational access in accordance with this chapter.
Notwithstanding Subsection (4)(a), the right this section recognizes does not establish broader public recreational access.

Amended by Chapter 340, 2011 General Session

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2017–2023 · leading case: Utah Stream Access Coal. v. VR Acquisitions, LLC, 2019 UT 7, 439 P.3d 593.
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Utah Stream Access Coal. v. VR Acquisitions, LLC, 2019 UT 7, 439 P.3d 593. · cites it 10× “§ 73-29-202(2). But it also restricts the scope of the Conatser easement—by limiting the easement to incidental touching and portage, without any recognition of a right to wade in the stream for hunting, fishing, swimming and other recreational uses.”
Utah Stream Access Coal. v. Orange St. Dev., 2017 UT 82, 416 P.3d 553. “§ 73-29-202(2). ¶ 2 This case presents questions concerning the interpretation and application of the Act.”
Utah Stream v. VR Acquisitions, 2023 UT 9, 531 P.3d 195. “§ 73-29-202(1)–(2). 21 The law does include an exception for “waterfowl hunting.”
Utah Code § 73-29-202(1): 2 cases
Utah Stream Access Coal. v. VR Acquisitions, LLC, 2019 UT 7, 439 P.3d 593. “§ 73-29-202(2). But it also restricts the scope of the Conatser easement—by limiting the easement to incidental touching and portage, without any recognition of a right to wade in the stream for hunting, fishing, swimming and other recreational uses.”
Utah Stream v. VR Acquisitions, 2023 UT 9, 531 P.3d 195. “§ 73-29-202(1)–(2). 21 The law does include an exception for “waterfowl hunting.”
Utah Code § 73-29-202(2): 2 cases
Utah Stream Access Coal. v. VR Acquisitions, LLC, 2019 UT 7, 439 P.3d 593. “§ 73-29-202(2). But it also restricts the scope of the Conatser easement—by limiting the easement to incidental touching and portage, without any recognition of a right to wade in the stream for hunting, fishing, swimming and other recreational uses.”
Utah Stream Access Coal. v. Orange St. Dev., 2017 UT 82, 416 P.3d 553. “§ 73-29-202(2). ¶ 2 This case presents questions concerning the interpretation and application of the Act.”
Utah Code § 73-29-202(2)(a): 1 case
Utah Stream Access Coal. v. VR Acquisitions, LLC, 2019 UT 7, 439 P.3d 593. “§ 73-29-202(2). But it also restricts the scope of the Conatser easement—by limiting the easement to incidental touching and portage, without any recognition of a right to wade in the stream for hunting, fishing, swimming and other recreational uses.”
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