Lawyers Try to Scuttle Montana Stream Access Law

January 14, 2009 By: Marshall Cutchin

Unless the lawyers, wealthy landowners, and Montana Stockgrowers Association can exploit a highly specific loophole in its wording, House Bill 190, which settles years of years of wrangling over stream access, could be passed by Montana legislature and satisfy almost all of the interested parties. “Six years of legal and legislative efforts to define how the public can walk from public bridges to public waters to float or fish snagged here Tuesday on something most Montanans have never heard of: prescriptive road easements.” Seems James Cox Kennedy, “a billionaire absentee landowner” on the Ruby, has latched onto one final hope: that an easement is not really an easement when it comes to his river. Jennifer McKee on Helenair.com.