HB0039 - High water marking-boating.
2001 |
State of Wyoming |
01LSO-0257 |
HOUSE BILL NO. HB0039
High water marking-boating.
Sponsored by: Representative(s) Sadler, Gay, McGraw and
Robinson and
Senator(s) Harris and Hinchey
A BILL
for
1 AN ACT relating to
waters of the state and uses of those
2 waters
and waterbeds; providing for the free passage of
3
floating craft upon waters of the state; authorizing the
4
disembarking and recreational use of shores up to the high
5
water mark as specified; providing definitions; and
6
providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 41-1-112 is created to read:
11
12 41-1-112. Uses of waters of the state.
13
14 (a) Unless
otherwise prohibited by law, any waters of
15 the state, if capable thereof, may be used
for the free
16 passage of any craft used commercially or
for recreation.
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1 Any
person lawfully floating in any craft upon the waters
2 of
this state may alight upon the shore below the high
3
water mark and undertake below the high water mark
4
recreational activities not prohibited by law.
5
6 (b) As used in this section:
7
8 (i) "Free
passage" means the water is sufficient
9 to
float craft, including as incidental to the floating,
10 periodically disembarking to pull, push or
carry the craft
11 over shoals, riffles and rapids;
12
13 (ii) "High
water mark" means the line that water
14 impresses on land by covering it for
sufficient periods to
15 cause physical characteristics that
distinguish the area
16 below the line from the area above it.
Characteristics of
17 the area below the line include, but are not
limited to,
18 deprivation of the soil of substantially all
terrestrial
19 vegetation and destruction of its
agricultural vegetative
20 value. A flood plain adjacent to surface
waters is not
21 considered to lie within the surface waters'
high water
22 marks;
23
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1 (iii) "Waters of
the state" means all waters
2
owned by the state as provided under article 8, section 1
3 of
the Wyoming constitution.
4
5 Section 2. This act is effective July 1, 2001.
6
7 (END)
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