A shot across the bow

#16
If the river is navigable at any time, it is considered "navigable".

Rivers were the hwys in the past for moving products from one destination to another. One reason for the "navigable waterways" rights was to prevent land owners from charging a fee to float through a section of river because that is exactly what they were doing.

The land owners were disrupting commerce in the day. Today, it would be like a land owner who owns property next to a highway stopping all the trucks and cars and charging them to drive past his property.

When it comes to river rights, the river can be considered a street through a residential area . The high water mark is the curb.

You may own the property next to the road, street or hwy but you do not own the road street or hwy... it doesn't make any difference what your deed may indicate. That's just the way it is. Your deed is not legal if it indicates you own a public thruway. The very same goes for navigable rivers.

It seems the battle in Montana is exactly what we go through every few years in Oregon.
On non-navigable rivers in MT, private property lines go to the middle of the river, thus if you own the adjacent land across the bank you own the entire streambed and any new islands that may form that are not deeded to the state or other property owners.
 

ak_powder_monkey

Proud to Be Alaskan
#17
There is nothing like getting into a body of moving water in MT and having a guy come up to you with a 7mm Mag (probably doesn't need a scope) and tell you - "hey - you are trespassing!"

"Sir I got in at the bridge head or the boat launch (or some other intelligent response)" "I have the right to be here. Your actions constitutes assault and I am sure you don't want me to climb back out and call the Sheriff."

"Go ahead, he is my cousin and I was the biggest contributor in the last election!"

Then you say - "what's the shortest way out of here!"
does MT have a stand your ground law? If it does you could just shoot them and keep fishing
 

Alex MacDonald

that's His Lordship, to you.....
#19
Things they are a changing....look at Colorado, where they prosecuted kayakers for navigating the Colorado River. It doesn't matter what the Federal law says, it matters who can buy the most politicians, (or Judges). I used to think Mexico was corrupt.....
I've always held that the only good politician is a dead one.
 

Jim Wallace

Smells like low tide.
#20
I've always held that the only good politician is a dead one.
I might not go that far, but I have a sign on my front door that reads:

NO politicians!
NO missionaries!
NO solicitors!

If one of those idiots ignores the sign and knocks, I won't even talk to 'em, I just point at the sign and point towards the street, and then if they don't start to leave immediately, I tell them to get off my property and never come back. Seems to be working. Lately, none of those slimy sales types has bothered.

However, I'll stand up for my own access rights to public places.
 

GAT

Dumbfounded
#21
I think the sign a neighbor has next to his front door covers it all. The sign reads:

"No Solicitors, Divine or otherwise."
 

freestoneangler

Not to be confused with Freestone
#22
Fortunately, Montana's AG and the Supreme Court have already weighed in on this issue in recent past and upheld public doctrine and access to rivers and streams...so the heavy lifting is on the elitists backs presently. It's clear however that they continue to want exclusive rights to our nations treasures... so we need to remain vigil in the response against such actions.

I got harassed on the upper Ruby last year from one of the elitist's hired thugs. I explained how I gained access (which was completely legal) and he informed me I was trespassing and had to leave. I told him to eat a shit sandwich and fished on. He said he was going to call the sherriff and I told him to do whatever he had to. Two hours later, no sherriff and when I returned to my rig, which was also legally parked, no one around. I was fully prepared to engage my lawyer if anything had transpired...to include bringing suit for harassment. Certainly, having to deal with stuff like this makes for a crappy day on the river... hell, we're out trying to enjoy a sport...period.

Montana Sportsman, PLWA and others have been putting up the good fight for many years. They need support from those who share the cause and spending $20 for a annual membership helps pay the bills and build a coalition that legislators and judges must consider.
 

GAT

Dumbfounded
#23
This is what we do in Oregon. If approached by a "land owner" we are polite and explain the US and Oregon river rights. Carry a small note pad and ask the person hassling you their name and address. Most of us carry a pamphlet that explains river rights and you can show them that if you'd like. If the guy claims he is going to call the sheriff, tell him you'll wait.

As the AG has made an opinion on the subject and a judge in Wallowa County upheld that opinion as valid, a precedent has been set.

If the guy does give you his name, report him to the county AG and ask if he plans to bring charges against you and if not, you'd like to lodge a complaint against the person who harassed you.

There are specific rivers in Oregon where we know the land owners will harass you and claim they are calling the sheriff yet one never shows up.

At one time, a group of us were instrumental in starting a group that eventually became these folks:

http://commonwaters.wordpress.com/river-rights/

They are our guardians who are watching and waiting for another war with the land owners who do not understand, nor want to accept, our River Rights.... and another battle will most certainly come.
 

freestoneangler

Not to be confused with Freestone
#24
This is what we do in Oregon. If approached by a "land owner" we are polite and explain the US and Oregon river rights. Carry a small note pad and ask the person hassling you their name and address. Most of us carry a pamphlet that explains river rights and you can show them that if you'd like. If the guy claims he is going to call the sheriff, tell him you'll wait.

As the AG has made an opinion on the subject and a judge in Wallowa County upheld that opinion as valid, a precedent has been set.

If the guy does give you his name, report him to the county AG and ask if he plans to bring charges against you and if not, you'd like to lodge a complaint against the person who harassed you.

There are specific rivers in Oregon where we know the land owners will harass you and claim they are calling the sheriff yet one never shows up.
Good point Gene. I should have clarified that I did politely tell him I was there legally... before I told him to eat a shit sandwich :D

I had not thought about contacting MT's AG's office and asking about their recommendations reporting this type of on stream harassment... curious if any of our other MT resident forum members have dealt with this. on which rivers, and whether they followed up with the local or state authorities?
 
#25
I think the intent of the person who harassed you on the Ruby knew you were legal and never intended to call the sheriff. His sole purpose was to make you have a shitty day and hope it will encourage you to leave and not come back.