Today’s decision by the Montana Supreme Court is the most significant public access decision since the original stream access cases were decided 30 years ago. It recognizes that Montanans may use all public roads, regardless of how they were established, for all lawful purposes. Specific to this case, that means Montanans may use the Duncan District Road, Lewis Lane, and Seyler Lane right-of-ways to access the Ruby River for recreational purposes. Further, the Montana Supreme Court rejected James Kennedy’s attack on Montana’s stream access law. Its decision reaffirmed that Montanans may use the beds of Montana’s rivers and streams, up to the high water mark, for recreation. The result of this decision is that Montanans may access rivers and streams capable of recreational use wherever they may overlap or intersect a public road right-of-way. This case was filed by Public Lands/Water Access Association in 2004 when its members encountered barbed wire and electrified fences attached to the bridges which prevented members of the public from accessing the Ruby River. Today’s victory is the result of 10 years of relentless effort by the members and supporters of the Public Lands/Water Access Association on behalf of Montanans. We are proud to have played a part.
Posted on: Thu, 16 Jan 2014 20:48:28 +0000
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