Much like the proposals to regulate or eliminate elk shooting enclosures in Idaho, which had much public support, but were defeated anyway, efforts in Montana to secure the right to access the streams of the state, which belong to the people, has been killed in the Montana legislature.
Much-debated stream access bill tabled. By Charles S. Johnson. Billings Gazette State Bureau
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Ralph Maughan
Dr. Ralph Maughan is professor emeritus of political science at Idaho State University with specialties in natural resource politics, public opinion, interest groups, political parties, voting and elections. Aside from academic publications, he is author or co-author of three hiking/backpacking guides, and he is past President of the Western Watersheds Project.
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What seems to be missing here is what the US Constitution has to say which has repeatedly been affirmed by Supreme Court rulings practically since the beginning of the Republic. The waters of the US belong to the people and are “highways” of commerce. No state shall pass any law which limits the rights of the people to use such waterways for any legitimate purpose, nor may any private entity bar such use and/or free passage.
A landowner can’t step into the road and announce “I own this property and you may not pass.”
Crap. I’m expecting a firestorm over this one, and it’s interesting to see this get tabled so soon after Trout Unlimited’s National body tried to withdraw itself from access issues (that’s been tabled too).