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

Bridge access bill wins initial vote in the House

HELENA -A bill giving anglers, floaters and others the right to access Montana's rivers and streams at public bridges climbed over a major hurdle today, winning it's initial test in the House by a vote of 95-5.

“This is a vehicle to pass bridge access,” said Rep. Kendall Van Dyk, D-Billings and the sponsor of House Bill 190. “It sends a really important message of compromise.”

The bill would allow public access 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. The state Department of Fish, Wildlife and Parks would have to approve such changes, and FWP would pay for the work.

Rep. Ken Peterson, R-Billings, failed persuade a majority to amend the bill to give the state's 56 county commissions the responsibility for overseeing ranchers' plans for allowing access through or over their fences.

But Van Dyk said such an amendment would disrespect the landowners, sportsmen and women, and conservationists who compromised to create HB 190. He also said his version of the bill had the support of county commissioners.

Rep. Wayne Stahl, R-Saco, said giving the county commissioners decision-making power would only create liability issues for the county, and taxpayers would be responsible for paying for lawsuits. “The last thing counties need is more liability,” Stahl said.

After his amendment failed, Peterson said he would vote for the bill anyway because stream access is important to his constituents.

The five votes against the bill came from Republican Reps. Joel Boniek of Livingston, Scott Mendenhall of Clancy, Lee Randall of Broadus, Scott Sales of Bozeman and Gordon Vance of Bozeman.

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 year’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