Montana stream access under attack.

Discussion in 'Fly Fishing Forum' started by bitterroot, May 31, 2013.

  1. bitterroot

    bitterroot Love vintage graphite!

    Joined:
    Jun 16, 2008
    Messages:
    1,129
    Likes Received:
    214
    Location:
    Montana
    Once again, some rich, out of state asshole moves in and starts a fight!
    Hey Old Man Jim, this is happening in your neck of the woods. Do you have any insight?
    http://www.plwa.org/
     
  2. Billy McFly

    Billy McFly Active Member

    Joined:
    Feb 20, 2013
    Messages:
    251
    Likes Received:
    117
    Location:
    Edmonds WA
    It is ridicules to say he owns the stream bed and the water above it. Montana's supreme court needs to knock this down.

    What a can of worms this could open......
     
  3. Jim Speaker

    Jim Speaker Active Member

    Joined:
    Sep 21, 2005
    Messages:
    2,245
    Likes Received:
    540
    Location:
    Mill Creek, WA
    Home Page:
    Oh MAN. Pray they maintain the stream access law. :-\
     
    Duane J likes this.
  4. creekx

    creekx spent spinner

    Joined:
    Mar 4, 2004
    Messages:
    707
    Likes Received:
    313
    Location:
    Rancho Deluxe
  5. GAT

    GAT Dumbfounded

    Joined:
    Nov 16, 2012
    Messages:
    9,222
    Likes Received:
    7,844
    Location:
    Willamette Valley, OR
    Here we go again. It is a constant battle in all the States. Truth is, there is something called a public trust that has been upheld in FEDERAL COURT since the beginning of the country. It doesn't mean a damned thing what your deed indicates if it indicates you bought something you can't own.

    I'm sure the State Constitution of Montana is similar to that of Oregon and Washington and supports the Federal River Rights. It vastly helped our river rights in Oregon when a number of years ago, the State Attorney General wrote an opinion indicating that the river rights, Federal and Oregon State, were valid and legal.

    A Judge in Wallowa County, rejected a land owners claim of trespass when the river users were below the high water mark. He used the AG official opinion in regards to the rights as the reason for deciding against the land owner and for the river users.

    Hopefully, someone in Montana mentions the fact that there are national river rights in addition to State rights.

    http://www.nationalrivers.org/us-law-rights.htm
     
    Duane J likes this.
  6. Brett Angel

    Brett Angel Member

    Joined:
    Mar 10, 2008
    Messages:
    609
    Likes Received:
    78
    Location:
    Sammamish, WA
    Wow...what a d-bag!
     
    Jim Speaker likes this.
  7. Plecoptera

    Plecoptera Active Member

    Joined:
    Jun 11, 2008
    Messages:
    659
    Likes Received:
    54
    Location:
    Port Townsend
    Makes we want to float through his property purely out of spite.

    Seems like Montana's stream access is always under attack...
     
    Builder and Jim Speaker like this.
  8. Tony Polizzi

    Tony Polizzi Active Member

    Joined:
    Apr 10, 2013
    Messages:
    152
    Likes Received:
    66
    Location:
    PT, OP
    Yes same in WA, out AG went a step further and explained that it applies to all coastal areas as well, as in below OMHW in the salt. Land use Attorney for Clallam County went so far as to advise the Sheriffs Office that they ran the considerable risk of false arrest civil suites and possibly civil rights issues if the SO decided to issue a citation, or physically arrest in the specific incident of lawful recreation activity below OMHW. The opinion was published in 94 , the AG warned that private property advocates risked loosing and establishing more restrictive case law if they forced the issue.
     
  9. Jim Speaker

    Jim Speaker Active Member

    Joined:
    Sep 21, 2005
    Messages:
    2,245
    Likes Received:
    540
    Location:
    Mill Creek, WA
    Home Page:

    Tony, what does OMHW mean? *somethin*-median-high-water ?

    Does this mean that in WA state saltwater beaches are publicly accessible, if by boat, below the median high water mark despite being below someone's property?
     
  10. Tony Polizzi

    Tony Polizzi Active Member

    Joined:
    Apr 10, 2013
    Messages:
    152
    Likes Received:
    66
    Location:
    PT, OP
    Ordinary Mean High Water Mark defined in the WAC , I'm not qualified to issue a competent legal opinion, but if you didn't trespass to get there and your engaged on a lawful recreational activity, then you probably aren't committing a crime. S example kaycker pulling up on a beach to empty his/her boat the AG used the specific example of walking a beach with a fishing pole, I'm sure a fly rod would suffice
     
  11. Tony Polizzi

    Tony Polizzi Active Member

    Joined:
    Apr 10, 2013
    Messages:
    152
    Likes Received:
    66
    Location:
    PT, OP
  12. Tony Polizzi

    Tony Polizzi Active Member

    Joined:
    Apr 10, 2013
    Messages:
    152
    Likes Received:
    66
    Location:
    PT, OP
    I did not mean to imply that OMHWM only applies to salt, all navigable rivers and many that you wouldn't think of as navigable are subject to the same legal principals.
     
  13. Jim Speaker

    Jim Speaker Active Member

    Joined:
    Sep 21, 2005
    Messages:
    2,245
    Likes Received:
    540
    Location:
    Mill Creek, WA
    Home Page:
  14. Tony Polizzi

    Tony Polizzi Active Member

    Joined:
    Apr 10, 2013
    Messages:
    152
    Likes Received:
    66
    Location:
    PT, OP
    The guy in Montana Sounds like deep pockets for a civil suite, willful negligence is a really expensive hobby. Makes fly fishing seem cheap.:D
     
  15. Tony Polizzi

    Tony Polizzi Active Member

    Joined:
    Apr 10, 2013
    Messages:
    152
    Likes Received:
    66
    Location:
    PT, OP
    Maybe TU will muster some legal eagles to gain meaningful resolution.