# Montana's Stream Access Law



## sinergy (Mar 6, 2008)

Hmm Looks like Montana is going through a similar issue with our HB141. Montana's HB309 expand the definition of an irrigation ditch to the point where certain side-channels and sections of streams would be considered irrigation ditches and thus off-limits to stream access.

If this bill passes, it will be illegal for you to fish, swim or float without permission in many popular waters simply because they've been modified by an irrigation structure or include return flows. This list includes main-stems or side-channels of the *Beaverhead, Milk, Big Hole, Yellowstone, Jefferson, Bitterroot, Gallatin, upper Clark Fork,* and most if not all streams and natural sloughs in irrigated areas.

:evil: :evil: :twisted: :twisted: :twisted:


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## poiboy (Nov 18, 2010)

That sure would piss off a lot of people, not only in the state, but those who visit there for the sole purpose of fishing. I would guess that it could affect revenue coming into the state as some people would go elsewhere.


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## proutdoors (Sep 24, 2007)

I am sure it's Governor Herbert's fault! :O•-:


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## Grandpa D (Sep 7, 2007)

proutdoors said:


> I am sure it's Governor Herbert's fault! :O•-:


 -O|o-


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## ping89w (Mar 20, 2009)

That and no felt soles will hurt there out of state sales. Im not going to buy new boots with two pair of Simms bootfoots and four other sets of felt sole boots..Poor fly shops that have inventory and dont know what to order.


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## sinergy (Mar 6, 2008)

proutdoors said:


> I am sure it's Governor Herbert's fault! :O•-:


Herbert...Smerbert I dont condone his decision on HB141 You got to find the win win in every situation Ive been fishing all kinds of private land legally  :lol: It actually works in my favor I get entire stretches of river that haven't been fished ALL to my self 8) 8) 8)


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## quakeycrazy (Sep 18, 2007)

proutdoors said:


> I am sure it's Governor Herbert's fault! :O•-:


that doucher has his hand in everything sketchy in Utah!!!!


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## HighNDry (Dec 26, 2007)

sinergy said:


> proutdoors said:
> 
> 
> > I am sure it's Governor Herbert's fault! :O•-:
> ...


 And that's part of the problem. The guys who know someone or who have the $$ to pay their way in don't give a crap about the common man. Over the years people have become so greedy and selfish. The good old boys who used to tip their hat to you and point out the good spots on the water running through their property have been replaced with children who were raised different or the property bought up and locked up by someone with the same attitude. I was even kicked off of an LDS Church owned property with a stream running through it. I told the caretaker that I help pay for the property through donations to the Church and he still told me to leave. He said the fishermen trash the property so on my way out I picked up some trash and put it in a bag and then drove in and gave it to him. I showed him that the trash was mostly from his church members who use the property and from the trash in the garbage cans filled to overflowing near the lodge. He still told me to leave. I did and I have never gone back to fish but, I did go back once when they had a multi-stake activity at the camp and they needed volunteers to help.


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## tye dye twins (Mar 8, 2011)

Earth does not belong to us; we belong to the Earth - Chief Seattle

Say it aint so, too bad it always comes down to money. I loved fishing the yellowstone and it would be a shame to see more of this river be shut off from us.


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## HighNDry (Dec 26, 2007)

Anybody need sandbagging this year, I'm particularly looking for a private property owner who wants to keep fishermen off the water and who will suffer from flooding this year and then ask the public to come help and the government to pay the bill.


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## kochanut (Jan 10, 2010)

HighNDry said:


> Anybody need sandbagging this year, I'm particularly looking for a private property owner who wants to keep fishermen off the water and who will suffer from flooding this year and then ask the public to come help and the government to pay the bill.


THANK YOU!!! best post yet!


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## sinergy (Mar 6, 2008)

HighNDry said:


> And that's part of the problem. The guys who know someone or who have the $$ to pay their way in don't give a crap about the common man.


Dont know if this was meant to be solely directed at me but I can say I strongly advocated to oppose HB141. If you do a search here & BFT you can read some headed posts from me on the issue.

I also rallied at the capitol, Attended a few of the meetings, and am a annual contributor to TU so say what you will but I feel I did what I could do to oppose HB141. So If this was directed at me I think you are mistaken and need to do a little research before you try to digg on someone.

Unfortunately HB141 passed that is the current state of the situation, like my post says "got to find the win win in every situation" I trade services get verbally & written permission from private land owners before I fish there so called waters. Its nothing every joe out there cant do him self, I not saying I haven't been turn down a few times I even had one guy tell me straight out to Get Lost.

Any way sorry you got kicked off of LDS land try having someone fill this out before you fish there property

http://wildlife.utah.gov/law/permissioncard.html

~ Life's a beach and I'm just playing in the sand ~


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## HighNDry (Dec 26, 2007)

Sinergy, comment was not directed at you personally--more of a general statement. I just get tired of the attitude of those who have access or money snidely throwing it in everyones' face, then claiming someone is digging on them when you mention the situation. 

Here's another situation I had. I asked permission to fish some public water running through private land and was given permission. I actually did a favor for the landowner's daughter and they gave me permission to fish. After a season of having access, he told me that he would now be posting his property and that he regrets that that means I can't access it too. I asked what was up and he said almost every weekend several times all morning and sometimes in the afternoon his doorbell rang with anglers wanting to know if they could fish. Basically he just got tired of it. Even after posting the signs he still has anglers disturbing him. So even asking permission can bug the landowners.


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## sinergy (Mar 6, 2008)

HighNDry said:


> who have access or money snidely throwing it in everyones' face, then claiming someone is digging on them when you mention the situation.


Oh well it is what it is I did what I could do to stop HB141 and will continue to put forth the efforts in helping repealing the bill till then Im gonna so called keep pounding the concrete and network with these private landowners to legally fish these waters.



HighNDry said:


> Here's another situation I had. I asked permission to fish some public water running through private land and was given permission. I actually did a favor for the landowner's daughter and they gave me permission to fish.


Yet you want to denounce me for doing the same thing LOL

You can huff and puff all you want about me posting access to private waters but its all regurgitated info to me someone boasts about what they caught or what they did and all the mud start flinging so if anything be upset to gov Herbert and the senators who supported HB141 as for me... ~ Life's a beach and I'm just playing in the sand ~

o-|| o-|| o-||


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## HighNDry (Dec 26, 2007)

Different. I didn't denounce you for having permission, Just the way you snidely tossed it in our faces. I'm not like that. I want Utah to be a place that is welcoming to anglers. I think it helps our overall image and makes our state attractive to tourism in general which in the longrun will benefit all of us. Most of the landowners who want to lock us out have had very few problems with anglers on their property. In fact, the landowner who was taken to court in the Conaster case had a different reason for wanting to keep fishermen off his property. He and the sheriff were doing a good job of it and if he wouldn't have been such a hardnose, the Supreme Court would have never had the case, and we would have all believed that the landowners owned the water on their property. But since he was a dink, the existing law that the public owns the water was brought to light and years of confusion was put to rest--until the closed door politics of a few Utah representatives and senators backdoored HB141. Now we have the same dinks in there making laws to limit the publics ability to know what they are doing HB477. We need to unite and get Herbert and the selfish cronies around him out or Utah residence will continue to suffer. Brigham Young tried to keep Utah as a secret society but even he eventually saw the light.


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## sinergy (Mar 6, 2008)

HighNDry said:


> Different. Just the way you snidely tossed it in our faces.


So I'm trying to clearly understand why your so upset -)O(- HB141 was passed by the state not me.

If your butt hurt cause I posted a comment stating Ive been able to access private water... 
Well then... You posted you have been doing the exact same thing :roll: :roll: :roll:



HighNDry said:


> I asked permission to fish some public water running through private land and was given permission.


So how am I snidely tossing it in your face ? Good for the goose, but not the gander

:?: :?: :?:

Reality of it is ANYONE can ask a private land owner for permission to gain access. Its not sole privileged to me. ANY PERSON can walk up to a door and ask a land owner for permission.

Hmmm maybe since you stated



HighNDry said:


> I was even kicked off of an LDS Church owned property with a stream running through it.


Maybe your all mad caused you got the boot :idea: that had nothing to do with me HB141 has well been in effect long before my post and I don't see how getting permission to access private land enforces the bill. If anything it show private land owners and fisherman can cohabitate with out restrictions...

So I'm still confused on your post to be honest you I dont really care.

~ Lifes a Beach and im just playing in the sand ~


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## Grandpa D (Sep 7, 2007)

So please just move on guys.


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