Utah Stream Access Coal. v. VR Acquisitions, LLC

Associate Chief Justice Lee, opinion of the Court:

¶1 In Conatser v. Johnson we recognized a public easement right "to touch privately owned beds of state waters in ways incidental to all recreational rights" to those waters. 2008 UT 48 , ¶ 19, 194 P.3d 897 . Citing common-law easement principles, we held that the "incidental right of touching the water's bed is reasonably necessary" to the public's right not just to float on the water but also to wade in waters for hunting, fishing, swimming, and other forms of recreation. Id. ¶¶ 22-25. And we concluded that an easement right of incidental…