Montana stream access law

[peterk1234]

I read an article that the stream access law may be under attack, thanks to the incoming governor. It appears that this law has been challenged in court a number of times over the years but has survived all the attacks. I have not been able to find any current information. Can anyone share some insight and what are your thoughts?

Thanks Pete

 

[MTGomer]

There’s a chance it will be. Kristen Juras opposes it

 

[Dougfirtree]

Fight hard for that law. I loved that law when I was living out there and now live in a state where people own the streambed. You're lucky!

 

[wyoelkfan15]

I hope it holds, I love rafting and fishing in MT. Hundreds of miles of water are inaccessible to the public in Wyoming, even though they own it, can float it, but don't you dare let that rubber touch the bottom for a second, cause then you'de be trespassing.

 

[D4570]

DANG!
We have to stop that. Number one best Sportsman's law ever!!!!!!!!

 

[406LIFE]

What article?

 

[peterk1234]

What article?

The Fight for Public Access to Rivers in Montana

Greg Gianforte, the Republican candidate for governor, threatens the state's unique angler-access regulations

www.outsideonline.com

I have not found anything more on it. I am going to guess if this is true it is because his home sits on a chunk of fishable river and he does not like the fact that people may fish it in front of his house. Or maybe there is some corporate play here. I just have not read enough about this guy to understand who is buddies are...yet.

 

[Schaaf]

I think they’re smart enough to not touch that.

12 month Elk Seasons, Transferrable Landowner tags, and allowing crossbows during archery season are more likely.

 

[Nameless Range]

We all know that Stream Access is beautiful, but I also think it is worth knowing that Stream Access was a bipartisan creation.I didn't know this until recently.

In 1985 Representatives Bob Ream (D) and Bob Marks (R), put forth HB 265. This thing isn't a D vs R or liberal vs conservative creation. It's Montanan through and through.

I know the latter Bob and he is a great man. This document is worth reading.

https://scholarship.law.umt.edu/cgi/viewcontent.cgi?article=1434&context=plrlr&fbclid=IwAR05Vym2tRXz5CCG0ZbOSYv-wutWdLykbnEUpvrl-HMPfjcZDCDaGr2hWYs

 

[MLC]

In Montana Gianforte is famous, or infamous, for body slamming a reporter who annoyed him, on the eve of his election to the US House. The reporter survived and the congressman later apologized. As governor, it would take more than just him to change the law. I don’t think there is nearly enough support in the state legislature to change it. To me the courts are the scary thing as lawyers representing big land owners always come up with another angle from which to challenge the stream access law. I fish in SW Montana about 70 days per year, including the river where Gianforte lives. The liberal stream access is a wonderful privilege but unfortunately I see signs all the time of people abusing it by going way above the high water mark, leaving litter, trampling fences, etc. I also see the other extreme where land owners fence off access to a river at bridges, which are public.

 

[Deleted member 28227]

The stream access law in Montana is IMHO, the gold standard in the nation. I wish Colorado had this law, it’s great for fishing, but so much more important for waterfowl hunting.

Interesting to look back

MT: Gianforte vs Quist

These two are the R & D members running for Zinke's seat. Gianforte has been running a radio ad where he tactically is using the terms, "Keep public lands in public's hands" and matching Pelosi to Quist as one and the same with respect to their very liberal ideology. Oh, not to forget Quist...

www.hunttalk.com

 

[longbow51]

By Chris Aadland Montana Free Press
| December 5, 2020 6:00 AM
During a Friday press conference, his first since being elected, Gov.-elect Greg Gianforte offered few hints about what policies he may pursue or support once he’s sworn in on Jan. 4.
While he largely avoided answering direct questions about specific policy proposals and ideas, he did say that responding to the coronavirus pandemic, which has led to the deaths of 727 people in the state so far — will be his first priority. He also pledged not to alter public stream access laws or undermine Montana’s Medicaid expansion during the half-hour event, which included remarks from Gianforte and questions from members of the press.

So maybe let's don't get our panties in a bunch at this time

 

[1100RemingtonMan]

That's a problem you have Eastern Water Laws and Western Water Laws.
Here in Iowa we have Meandering and Nonmeandering Rivers.
What does this mean when the State was formed Rivers you could during normal water flow walk up to it and walk across that is a Nonmeandering stream if you had to go up or down stream looking for a place to cross makes it a Meandering stream.
Meandering streams public has full access to the normal high spring run off, so you can duck hunt, fish, boat without landowner permission.
NonMeandering the public has full access to water but can not touch the bottom or bank as it is private.
All water Laws should be the same in the country like Eastern WaterLaw. IMHO I believe water belongs to the Public Period and the Water Quality.

 

[Straight Arrow]

... unfortunately I see signs all the time of people abusing it by going way above the high water mark, leaving litter, trampling fences, etc ...

I have heard that argument against stream access all my life and, although I'm sure it happens occasionally, "all the time" is an exaggeration IMO.
For over forty-five years I have owned and reside on property with substantial river bank along the blue ribbon west Gallatin River, near fishing access parking and with a bridge marking the corner of our property. My fence is back from the river so there is a path to walk the bank and it is frequently used. Having met and visited with fishermen from all over the world and in significant numbers in the summer, I have had negligible problems with litter, property damage, or disrespect during that span of many years. I am convinced that fishermen are there to fish, recreate and enjoy the river, not to create problems. I am not only a strong advocate in support of Montana's great stream access law, I am also a landowner who appreciates access and the attitudes of the fishermen who enjoy the river.

 

[406LIFE]

I think they’re smart enough to not touch that.

12 month Elk Seasons, Transferrable Landowner tags, and allowing crossbows during archery season are more likely.

Where have 12 month season and transferrable landowner tags been suggested?

 

[Schaaf]

Where have 12 month season and transferrable landowner tags been suggested?

The 12 month season is somewhat tongue in cheek based on the fact the legislature has bills on the docket establishing shoulder seasons “heritage season” in statute.

Transferrable Tags have advanced in each of the last several sessions. Without a firewall, the writing is on the wall.

 

[Schaaf]

The 12 month season is somewhat tongue in cheek based on the fact the legislature has bills on the docket establishing shoulder seasons “heritage season” in statute.

Transferrable Tags have advanced in each of the last several sessions. Without a firewall, the writing is on the wall.

I was wrong. The “heritage season” would be the additional muzzleloader season. The “harvest season” would be rebranded shoulder seasons set in statute.

 

[Oak]

The 12 month season is somewhat tongue in cheek based on the fact the legislature has bills on the docket establishing shoulder seasons “heritage season” in statute.

Transferrable Tags have advanced in each of the last several sessions. Without a firewall, the writing is on the wall.

My opinion is that the primary reason Colorado will never have a successful private land access program for big game hunting like MT and WY do is that we have a robust transferable landowner license program.

 

[nrpate05]

Montana stream access should be adopted across the nation IMHO. Being a Colorado resident and having fished in Montana a handful of times, it is way less stressful up there. This is something sportsmen and women and the general public should keep a sharp eye on. It would be a shame if this law was changed to limit access.

 

[MLC]

I have heard that argument against stream access all my life and, although I'm sure it happens occasionally, "all the time" is an exaggeration IMO.
For over forty-five years I have owned and reside on property with substantial river bank along the blue ribbon west Gallatin River, near fishing access parking and with a bridge marking the corner of our property. My fence is back from the river so there is a path to walk the bank and it is frequently used. Having met and visited with fishermen from all over the world and in significant numbers in the summer, I have had negligible problems with litter, property damage, or disrespect during that span of many years. I am convinced that fishermen are there to fish, recreate and enjoy the river, not to create problems. I am not only a strong advocate in support of Montana's great stream access law, I am also a landowner who appreciates access and the attitudes of the fishermen who enjoy the river.

I’m not arguing against stream access. Just stating what I see. I suppose we each have our own definitions of, “all the time”. I’m sure I’ve walked your path & I appreciate your generosity. Thanks!