Angler Harassment in Montana

Discussion in 'Fly Fishing Forum' started by silvercreek, May 25, 2012.

  1. flytyinfreak

    flytyinfreak Because the river calls, I answer in fly and cast

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    Yup, Mt is a carry state. Landowners can carry to.

    First off, I am a die hard fly angler, and tyer. I am a staunch conservationist, in fact I carry a garbage bag with me when I fish and ALWAYS carry out more than I took in. I am a big advocate of stream access and anglers being allowed to fish wherever there are fish, EXCEPT the Mitchell ditch. ITS A FRICKIN DITCH!~ A man made irrigation structure for transporting water to and from the famed Bitterroot river. My question is, Why the frick would ANYONE want to fish an irrigation ditch over the Bitterroot? COME ON! I mean really, I MEAN REALLY?? I live in Eastern Idaho abut 2 1/2 hrs from that area, I've fished the Bitterroot and do not even begin to understand why anyone would want to fight over a trickle of water when there are thousands of miles of better water available. If you studied about the history of the ditch, how it came to be built, yes built, by human hands, what it is for and why the landowners are angry I think you would stop pushing this issue. It gives anglers a bad name and reputation. Think about it. A majority of the landowners have farms and ranches that were homesteaded a hundred or more years ago. They built homes and raised families on the land. THEY BUILT THAT DITCH. And now you guys want to fish on their property? If it was me I'd wait till someone trespassed and go out and practice my trap shooting. Screw the sprinklers! I prefer to sprinkle lead! Or maybe a kinder gentler landowner will do a rock skipping class for his kids whenever an angler decides to trespass on his property. And @ TB Out here in Idaho and Montana you carry at your own discretion.
     
  2. flytyinfreak

    flytyinfreak Because the river calls, I answer in fly and cast

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    Please refer to above
     
  3. Olive bugger

    Olive bugger Active Member

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    Put a discover pass on it.
     
  4. Benjy

    Benjy Active Member

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    I totally disagree with you and your third post on this forum. I think the evidence speaks for itself, the channel was historically there, blah blah... That has already been decided by the courts and it is over. I encourage all of you to go and find out how phenomenal the fishery is!
     
  5. Thomas Williams

    Thomas Williams Habitual Line Stepper

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    Dont forget the trail pass to get there....win
     
  6. silvercreek

    silvercreek Active Member

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    "The evidence that Mitchell Slough is part of the river is considerable. Surveys conducted in 1872 show the slough as part of the river. In fact, much of what we now call Mitchell Slough may have been the main stem of the Bitterroot River, according to those surveys. "

    Siebel filed for a 310 permit to work on Mitchell Slough. 310 permits are only required to work on a natural stream bed so his filing for this permit is a de facto acknowledgement that Mitchell Slough is a natural stream.

    Springs in the lower part of Mitchell Slough add water flow. By adding more water, the total flow become more than the amount of water diverted so Mitchell Slough becomes a stream.

    "Siebel himself acknowledged the slough was part of the Bitterroot River in water rights applications he filed in the 1980s, designating his point of diversion as a spring creek that was a tributary of the Bitterroot River. "

    http://www.hcn.org/wotr/16996

    The Montana Supreme Court and the decision was unanimous. None of the justices thougt that this was a ditch.

    "The court said the 16-mile-long slough roughly follows the historical course of a waterway mapped 130 years ago, and therefore is subject to public access and required permitting, as are other natural waterways."

    http://www.montanawildlife.com/news/MitchellSlough.htm
     
  7. freestoneangler

    freestoneangler Not to be confused with Freestone

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    I'll bet Huey Lewis is fit to be tied :D
     
  8. triploidjunkie

    triploidjunkie Active Member

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    You're really huey lewis aren't you..... aren't you? I believe in stream access. The high water mark rule should stand anywhere that public fish wander.
     
  9. bennysbuddy

    bennysbuddy the sultan of swing

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    I guess I don't see what the problem is,I thought it was nice of those land barons to provide automatic sprinklers to keep the anglers from getting heat stroke and also keeps the trails from becomeing dusty on those hot days of summer.
     
  10. ribka

    ribka Active Member

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    next time I am fishing in Montana I am going to go poop on Huey Lewis' hood of his car like an OWS protestor.

    X2 on high water mark
     
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  11. dryflylarry

    dryflylarry "Chasing Riseforms"

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    What's so hard about breaking the pipe, turning the sprinkler heads the opposite direction, unscrewing them and throwing them off yonder?
     
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  12. Old Man

    Old Man Just an Old Man

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    Some of these sprinklers are on wheels and are about a 1/4 of a mile in length.

    If you want to bitch about a short length of the Bitteroot. How about all the property Ted Turner owns along/on the Ruby River.

    But with all the water in Montana, why worry about a little bit.
     
  13. JesseC

    JesseC Active Member

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    Sounds like a great place for a summer WFF meetup.
     
  14. Circle Spey

    Circle Spey Travis Wallace

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    Here is my thoughts on mitchell slough, having lived less than one mile from it for several years and working for one of those "jerk" land owners. The slough is an amazing fishery with larger than average trout in it, of course they weren't there until the land owners went in there and dredged all the silt out(no permits required) and put in some trees along it that the fish moved in there. It has now been deemed a river channel so the current land owners need to except what has happened and move on, but I can see why they would be a little upset about the whole thing. Montana stream laws say that you can access any thing up to usual high water mark, the interesting thing is that the slough does not rise within the channel during spring run off because the flow is controlled by a head gate. If you do fish it have fun and what ever you do don't step on dry land.
     
  15. tkww

    tkww Member

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    OOC, why did they dredge it? Irrigation? And they're still getting that water, yes?