Yesterday was the final hearing in Helena, Montana to voice opinions concerning House Bill 309, which could change Montana stream access laws for the worse. The bill, set forth by Dillon Representative Jeff Welborn, would revamp stream laws to "make any waterway that receives water diverted from a natural stream off limits to public recreation". In other words, depending on how the law is interpreted, your favorite fishing spot could now be classified as a "drainage ditch", and be deemed legally inaccessible. Welborn says that the bill is only a remedy to a recent Montana Supreme Court ruling on the Mitchell Slough, which was ruled to be a sidechannel of the Bitteroot, and not a ditch. Bruce Farling, the Montana Trout Unlimited Director, has said that "The measure is a sneaky attempt to undermine Montana's stream access law that guarantees the public the right to get to streams and rivers." Not only are local and regional anglers very concerned about this, but Montana fishing outfitters (who rely on access for their livelihood) are already getting correspondence from clientele concerned about coming to fish this summer, and how their access will be affected. Hundreds of guides, anglers and river users showed up to Helena yesterday to attend this hearing, and voice their disapproval of this measure.
Fishing Reports, Photos and Stories from Jackson Hole and Beyond
Wednesday, March 9, 2011
Montana House Bill 309 Update
Yesterday was the final hearing in Helena, Montana to voice opinions concerning House Bill 309, which could change Montana stream access laws for the worse. The bill, set forth by Dillon Representative Jeff Welborn, would revamp stream laws to "make any waterway that receives water diverted from a natural stream off limits to public recreation". In other words, depending on how the law is interpreted, your favorite fishing spot could now be classified as a "drainage ditch", and be deemed legally inaccessible. Welborn says that the bill is only a remedy to a recent Montana Supreme Court ruling on the Mitchell Slough, which was ruled to be a sidechannel of the Bitteroot, and not a ditch. Bruce Farling, the Montana Trout Unlimited Director, has said that "The measure is a sneaky attempt to undermine Montana's stream access law that guarantees the public the right to get to streams and rivers." Not only are local and regional anglers very concerned about this, but Montana fishing outfitters (who rely on access for their livelihood) are already getting correspondence from clientele concerned about coming to fish this summer, and how their access will be affected. Hundreds of guides, anglers and river users showed up to Helena yesterday to attend this hearing, and voice their disapproval of this measure.
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