Bridge access bill wins approval, governor's praise

HELENA – The state House gave final approval today to a bill that would allow anglers, floaters and hikers to gain access to the state's rivers and streams via public bridges on public roads.

House Bill 190, sponsored by Rep. Kendall Van Dyk, D-Billings, allows recreational access to waterways at bridges, while also allowing landowners to connect fences to bridges and abutments to contain their livestock.

Landowners would have to modify those fences to allow access. Such work would be administered and paid for by the Department of Fish, Wildlife and Parks.

The measure initially passed the House in January and was amended in the Senate last week. These amendments included allowing landowners to use wood-rail fences on their property and changing the number of access points along a stream from four to one.

The House accepted the Senate’s amendments today, with a 96-3 vote.

In a press release, Gov. Brian Schweitzer said the bill provides a bipartisan solution to a 20-year dispute between anglers, hunters, environmentalists and landowners.

“This bill will protect our Montana tradition of public access to our world-class blue ribbon trout streams and lets out of state landowners know that in Montana our streams and rivers are not for sale,” Schweitzer said.

-by CNS correspondent Molly Priddy

Senators endorse bridge-access legislation

HELENA – The state Senate today gave initial approval to a bill that would allow anglers, floaters and hikers to gain access to the state's rivers and streams via public bridges on public roads. The vote was 47-2.

House Bill 190, carried in the Senate by Sen. Jim Shockley, R-Victor, allows recreational access to waterways at bridges, while also allowing landowners to connect fences to bridges and abutments to contain their livestock. Landowners would have to modify those fences to allow access. Such work would be administered and paid for by the Department of Fish, Wildlife and Parks.

“It ain’t perfect, but there’s no such thing as a perfect fish and game bill,” Shockley said. “Nobody’s totally happy, but most the people are pretty happy.”

The Senate voted to add amendments to the bill, including one that would allow landowners to have wood-rail fences along the river access points as long as people can get to the water. Another amendment changed the bill to say only one access point is necessary on a given stretch of river, instead of the original four.

Previous Senate amendments to the bill gave landowners more protection from liability for recreationists’ accidents.

The bill’s sponsor in the House, Rep. Kendall Van Dyk, D-Billings, supported all of the amendments.

Supporters said it represents a good compromise between landowners, recreationists, environmental groups and state agencies. Opponents said it does not solve the problem because it does not address prescriptive easements, which are roads that have been used by the public for so long that the county gets right of way, whether or not it runs through private land.

HB 190 passed the House in January with a large majority as well, 97-3.

Disputes over stream access have been a legislative staple since 1985, when lawmakers enacted Montana’s landmark law allowing recreational access to the beds and banks of the state’s navigable waterways.

This session's debate reflects a Madison County judge’s October ruling granting recreationists a right to access streams and rivers from bridges in the public right of way. But it also gave landowners a right to build fences up to those bridges to control their livestock.

-by CNS correspondent Molly Priddy

Bridge-access bill advances in the Senate

HELENA – A bill that supporters say will solve the dispute over public land use between landowners and outdoor enthusiasts is heading to the Senate floor after it passed out of committee, 7-2.

House Bill 190, sponsored by Rep. Kendall Van Dyk, D-Billings, would allow public access to waterways at bridges while also allowing landowners to connect fences to bridges and abutments to contain their livestock. Landowners would have to modify those fences to allow access. Such work would be administered and paid for by the Department of Fish, Wildlife and Parks.

Supporters of the bill say it is a hard earned compromise worked out between landowners, recreationists, environmental groups and state agencies. Opponents say the bill is incomplete because it does nothing to address the issue of prescriptive easements, which are roads that have been used by the public for so long that the county gets right of way, whether or not it runs through private land.

The Senate version of the bill includes language aiming to protect landowner from legal liability for recreationists' accidents. It also says that it's not the state's intent to create or extinguish any prescriptive easement.

The bill passed out of the House at the end of January with a 93-7 vote.

Disputes over stream access have been a legislative staple since 1985, when lawmakers enacted Montana’s landmark law allowing recreational access to the beds and banks of the state’s navigable waterways.

This session's debate reflects a Madison County judge’s October ruling granting recreationists a right to access streams and rivers from bridges in the public right of way. But it also gave landowners a right to build fences up to those bridges to control their livestock.

-by CNS correspondent Molly Priddy