re: Spinoff: House Bill 391 re: access to water over private water bottoms

quote:

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the provisions of this subsection shall not apply to running waters passing over privately owned water bottoms where navigation has been prevented or impeded by an obstacle constructed by a private landowner prior to March 2, 2018.

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quote:

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So this only applies to any waters not already blocked off.

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i think that was most likely thought as a requirement to get the support for it to be passed.

so while not ideal, i can see where it needed "some" form of compromise to the gaters and access to public water rights blockers.

what i dont like about that wording is i wish it was worded as a solid none movable barrier so gates and floating barriers were not included, but then over time, the cost of maintaining a barrier will mean we slowly see then go away.