Public lands in the National Forest along the upper reaches of Lower Deer Creek, Montana. Photo by Brent Zundel

By Brent Zundel
For the MSU Exponent
March 3, 2011

Montana Fish, Wildlife and Parks employees might not be digging trenches in front of their offices around the state, but the agency is under fire from the Montana Legislature. Legislators are also attacking public access with over 150 bills that specifically target wildlife and public lands issues.

Some of the most ludicrous bills have been killed, but one of the most contentious still threatens Montanans. House Bill 309, sponsored by Rep. Jeff Welborn, R-Dillon, would gut the landmark 1985 Stream Access Law.

The result of conversations between landowners and recreationalists, the 1985 law allows public access in all rivers up to the high water mark, without regard to ownership of land below the river. In essence, it ensures that private citizens cannot own the rivers.

HB309 does not add any additional protection to private ditches – which are already protected under the old law. Instead, it would reclassify hundreds of miles of stream and river channels as irrigation ditches, thus inhibiting public access. Read More…