Talk:Montana Stream Access Law

Copyright problem removed

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Improvement thought

Many people technically note that this is the streamBED access law, as the water itself is already owned by the State of Montana. May want to consider a rename. The access allowed is between the high water marks, also, hence much dry ground can be accessed. Also, the big "Mitchell Slough" case recently decided by the Montana Supreme Court may be of interest to the editors of this article: Several decisions, most notably Bitterroot River Protection Ass’n v. Bitterroot Conservation Dist. (BRPA I), 2002 MT 66, 309 Mont. 207, 45 P.3d 24; Bitterroot Protective Ass’n v. Bitterroot Conservation Dist. (BRPA II), 2008 MT 377, 346 Mont. 507, 198 P.3d 219. (<-that was the big one, history of the law stuff begins at paragraph 48) and 2011 MT 51 , the fight over attorney fees. (yeah I'm all talk-- I have other wiki-fish to fry so will not be able to help a lot here, but can point to sources). Here is a direct link to the 2008 decision. (All MT Supreme Ct decisions online at courts.mt.gov): Here's another link: http://www.nytimes.com/2008/12/01/us/01trout.html Have fun! Montanabw^(talk) 20:01, 26 June 2011 (UTC)

Source material

More stuff that can be used to update and improve this article: Montanabw^(talk) 20:50, 20 March 2014 (UTC)

Stuff on PLWA v Madison County, the most recent case:

• https://flatheadtu.wordpress.com/category/montana-water/
• http://www.plwa.org/key/KEYspring2014.pdf
• the actual MSC decision (PLAA is PLWA, basically)

PPL v Montana:

• http://www.oyez.org/cases/2010-2019/2011/2011_10_218 Oyez version
• http://www.supremecourt.gov/opinions/11pdf/10-218.pdf Official SCOTUS version
• http://www.judges.org/dividingthewaters/pdf/PPL%20Montana%20Summary.pdf brief analysis
• Discussion of Montana law in light of PPL v. Montana, prior to PLWA decision

Other, older case law:

• http://www.hcn.org/issues/43.12/montanas-stream-access-law-stays-strong 2011 update on the issues adn statutory interplay
• http://scholarship.law.umt.edu/cgi/viewcontent.cgi?article=1140&context=plrlr Law Review article from the late 80s, examining Galt decision
• Bitterroot River Protection Association v. Bitterroot Conservation District, 2008 MT 377
• Montana Coalition for Stream Access, Inc. v. Curran, 201 Mont. 38, 682 P.2d 163 (1984)
• Montana Coalition for Stream Access, Inc. v. Hildreth, 211 Mont. 29, 684 P.2d 1088 (1984)
• Galt v. Montana, 225 Mont. 142, 731 P.2d 912 (1987)
• 41 A.G. Op. 36 (1985)
• Fisher v. United States, 534 F. Supp 514 (1982)

Statutes regs and Constitutional provisions:

• Mont. Const. Preamble
• Mont. Const. Article IX, Section 1
• Mont. Const. Article IX, Section 3
• Mont. Code Ann. § 23-2-301 through -322
• Mont. Code Ann. § 77-5-302(7)
• http://leg.mt.gov/bills/mca/75/7/75-7-102.htm § 75-7-102
• Mont. Admin. R. 12.4.101 through 12.4.106
• Mont. Admin. R. 17.30.602(13)

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