Talk:Montana Stream Access Law

Latest comment: 6 years ago by InternetArchiveBot in topic External links modified (February 2018)
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Improvement thought

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Many people technically note that this is the streamBED access law, as the water itself is already owned by the State of Montana. May want to consider a rename. The access allowed is between the high water marks, also, hence much dry ground can be accessed. Also, the big "Mitchell Slough" case recently decided by the Montana Supreme Court may be of interest to the editors of this article: Several decisions, most notably Bitterroot River Protection Ass’n v. Bitterroot Conservation Dist. (BRPA I), 2002 MT 66, 309 Mont. 207, 45 P.3d 24; Bitterroot Protective Ass’n v. Bitterroot Conservation Dist. (BRPA II), 2008 MT 377, 346 Mont. 507, 198 P.3d 219. (<-that was the big one, history of the law stuff begins at paragraph 48) and 2011 MT 51 , the fight over attorney fees. (yeah I'm all talk-- I have other wiki-fish to fry so will not be able to help a lot here, but can point to sources). Here is a direct link to the 2008 decision. (All MT Supreme Ct decisions online at courts.mt.gov): Here's another link: http://www.nytimes.com/2008/12/01/us/01trout.html Have fun! Montanabw(talk) 20:01, 26 June 2011 (UTC)Reply

Source material

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More stuff that can be used to update and improve this article: Montanabw(talk) 20:50, 20 March 2014 (UTC)Reply

Stuff on PLWA v Madison County, the most recent case:

PPL v Montana:

Other, older case law:

Statutes regs and Constitutional provisions:

  • Mont. Const. Preamble
  • Mont. Const. Article IX, Section 1
  • Mont. Const. Article IX, Section 3
  • Mont. Code Ann. § 23-2-301 through -322
  • Mont. Code Ann. § 77-5-302(7)
  • http://leg.mt.gov/bills/mca/75/7/75-7-102.htm § 75-7-102
  • Mont. Admin. R. 12.4.101 through 12.4.106
  • Mont. Admin. R. 17.30.602(13)
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