Montana Stream Access Law
Encyclopedia
The Montana Stream Access Law says that angler
s, floaters
and other recreationists in Montana
have full use of most natural waterways between the high water marks for fishing
and floating, along with swimming and other river or stream-related activities. In 1984, the Montana Supreme Court
held that the streambed of any river or stream that has the capability to be used for recreation
can be accessed by the public regardless of whether the river is navigable or who owns the streambed property.
Class I Waters
Angling
Angling is a method of fishing by means of an "angle" . The hook is usually attached to a fishing line and the line is often attached to a fishing rod. Fishing rods are usually fitted with a fishing reel that functions as a mechanism for storing, retrieving and paying out the line. The hook itself...
s, floaters
Canoeing
Canoeing is an outdoor activity that involves a special kind of canoe.Open canoes may be 'poled' , sailed, 'lined and tracked' or even 'gunnel-bobbed'....
and other recreationists in Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
have full use of most natural waterways between the high water marks for fishing
Fishing
Fishing is the activity of trying to catch wild fish. Fish are normally caught in the wild. Techniques for catching fish include hand gathering, spearing, netting, angling and trapping....
and floating, along with swimming and other river or stream-related activities. In 1984, the Montana Supreme Court
Montana Supreme Court
The Montana Supreme Court is the highest court of the Montana state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution...
held that the streambed of any river or stream that has the capability to be used for recreation
Recreation
Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for enjoyment, amusement, or pleasure and are considered to be "fun"...
can be accessed by the public regardless of whether the river is navigable or who owns the streambed property.
Details of Stream Access
The core law creating the Montana Streambed Access law began with Article IX, section 3 of the 1972 Montana Constitution, which addressed state ownership of Montana waters. In 1984 in Montana Coalition for Stream Access, Inc. v. Curran, the Montana Supreme Court held that “under the public trust doctrine and the 1972 Montana Constitution, any surface waters that are capable of recreational use may be so used by the public without regard to streambed ownership or navigability for nonrecreational purposes.” This decision was expanded upon in the same year by Mont. Coalition for Stream Access, Inc. v. Hildreth. Both cases noted that stream access did not imply that the public had a right to cross private lands to access streams. Following Curran and Hildreth, the Montana Legislature enacted the Stream Access Law in 1985. An Attorney General's opinion added trapping to the list of permissible recreational uses.Classification of waters
The law creates two classifications of waters capable of recreational use: Class I and Class II. Class I are waters which are capable of recreational use and have been declared navigable or which are capable of specific kinds of commercial activity including commercial outfitting with multi-person watercraft. Class II waters are all other rivers and streams capbable of recreational use that are not Class I waters.Class I Waters
- Kootenai River Drainage
- Kootenai River - from Libby Dam to the Idaho border
- Lake Creek - from Chase cut-off road to its confluence with the Kootenai River
- Yaak RiverYaak RiverThe Yaak River is a tributary of the Kootenay River in the U.S. state of Montana and the Canadian province of British Columbia.-Course:...
- from Yaak Falls to its confluence with the Kootenai River
- Flathead RiverFlathead RiverThe Flathead River, in the northwestern part of the U.S. state of Montana, originates in the Rocky Mountains near Glacier National Park and flows southwest into Flathead Lake, then after a journey of , empties into the Clark Fork. The river is part of the Columbia River drainage basin, as the Clark...
Drainage- South fork of the Flathead - from Youngs creek to Hungry Horse reservoir
- Middle fork of the Flathead - from Schaffer creek to its confluence with the Flathead River
- Flathead River (mainstem) - to its confluence with the Clark Fork River
- Clark Fork of the Columbia River Drainage
- Clark Fork River - from Warm Spring Creek to the Idaho border
- North Fork of the Blackfoot - from highway 200 east of Ovando to its confluence with the mainstem of the Blackfoot River
- Blackfoot RiverBlackfoot River (Montana)The Blackfoot River, sometimes called the Big Blackfoot River to distinguish it from the Little Blackfoot River, is a snow-fed and spring-fed river in western Montana. The Blackfoot River begins in Lewis and Clark County at the Continental Divide, 10 miles northeast of the town of Lincoln...
- from the Cedar Meadow fishing access site west of Helmville to its confluence with the Clark Fork River - Bitterroot RiverBitterroot RiverThe Bitterroot River is a tributary of the Clark Fork River in southwestern Montana, USA. It runs for about 75 miles south-to-north through the Bitterroot Valley, from the confluence of its West and East forks near Conner to the Clark Fork near Missoula.Ravalli County and Missoula County...
- from the confluence of the East and West forks to its confluence with the Clark Fork River - Rock Creek - from the confluence of the West fork to its confluence with the Clark Fork River
- Missouri River Drainage
- Missouri RiverMissouri RiverThe Missouri River flows through the central United States, and is a tributary of the Mississippi River. It is the longest river in North America and drains the third largest area, though only the thirteenth largest by discharge. The Missouri's watershed encompasses most of the American Great...
- from Three Forks to the North Dakota border - Beaverhead RiverBeaverhead RiverThe Beaverhead River is an approximately -long tributary of the Jefferson River in southwest Montana . It drains an area of roughly . The river's original headwaters, formed by the confluence of the Red Rock River and Horse Prairie Creek, are now flooded under Clark Canyon Reservoir, which also...
- from Clark Canyon Dam to its confluence with the Jefferson River - Big Hole RiverBig Hole RiverThe Big Hole River is a tributary of the Jefferson River, approximately 153 miles long, in southwestern Montana in the United States. It rises in Skinner lake in the Beaverhead National Forest in the Beaverhead Mountains of the Bitterroot Range at the continental divide along the...
- from Fishtrap fishing access downstream from Wisdom to its confluence with the Jefferson River - Gallatin RiverGallatin RiverThe Gallatin River is a tributary of the Missouri River, approximately 120 mi , in the U.S. states of Wyoming and Montana...
- from Taylors Fork to its confluence with the Missouri River - Jefferson RiverJefferson RiverThe Jefferson River is a tributary of the Missouri River, approximately long, in the U.S. state of Montana. The Jefferson River and the Madison River form the official beginning of the Missouri at Missouri Headwaters State Park near Three Forks...
- to its confluence with the Missouri River - Madison RiverMadison RiverThe Madison River is a headwater tributary of the Missouri River, approximately 183 miles long, in Wyoming and Montana. Its confluence with the Jefferson and Gallatin rivers near Three Forks, Montana form the Missouri River....
- from Quake Lake to its confluence with the Missouri River - Dearborn RiverDearborn RiverThe Dearborn River is a tributary of the Missouri River, approximately 70 mi long, in western Montana in the United States. It rises in the Lewis and Clark National Forest, near Scapegoat Mountain in the Lewis and Clark Range of the Rocky Mountains at the continental divide, in western Lewis...
- from Highway 431 bridge to its confluence with the Missouri River - Sun RiverSun RiverThe Sun River is a tributary of the Missouri River in the Great Plains, approximately 130 mi long, in Montana in the United States....
- from Gibson Dam to its confluence with the Missouri River - Smith RiverSmith River (Montana)Smith River is a tributary of the Missouri River, in central Montana, in the United States. It rises in southern Meagher County in the Castle Mountains and flows northwest in the valley between the Big Belt and Little Belt mountains, past White Sulphure Springs and past Smith River State Park...
- from the Camp Baker Fishing Access site near Ft. Logan to its confluence with the Missouri River - Marias RiverMarias RiverThe Marias River is a tributary of the Missouri River, approximately 210 mi long, in the U.S. state of Montana. It is formed in the Blackfeet Indian Reservation in Glacier County, in northwestern Montana, by the confluence of the Cut Bank Creek and the Two Medicine River...
- from Tiber Dam to its confluence with the Missouri River - Judith RiverJudith RiverThe Judith River is a tributary of the Missouri River, approximately 124 mi long, running through central Montana and the United States. It rises in the Little Belt Mountains and flows northeast past Utica and Hobson...
- from the confluence with Big Spring Creek to its confluence with the Missouri River
- Missouri River
- Yellowstone River Drainage
- Yellowstone RiverYellowstone RiverThe Yellowstone River is a tributary of the Missouri River, approximately long, in the western United States. Considered the principal tributary of the upper Missouri, the river and its tributaries drain a wide area stretching from the Rocky Mountains in the vicinity of the Yellowstone National...
- from Yellowstone National ParkYellowstone National ParkYellowstone National Park, established by the U.S. Congress and signed into law by President Ulysses S. Grant on March 1, 1872, is a national park located primarily in the U.S. state of Wyoming, although it also extends into Montana and Idaho...
to the North DakotaNorth DakotaNorth Dakota is a state located in the Midwestern region of the United States of America, along the Canadian border. The state is bordered by Canada to the north, Minnesota to the east, South Dakota to the south and Montana to the west. North Dakota is the 19th-largest state by area in the U.S....
border - Bighorn RiverBighorn RiverThe Bighorn River is a tributary of the Yellowstone, approximately long, in the western United States in the states of Wyoming and Montana. The river was named in 1805 by fur trader François Larocque for the Bighorn Sheep he saw along its banks as he explored the Yellowstone River.The upper...
- from Yellowtail DamYellowtail DamYellowtail Dam is a dam across the Bighorn River in southwestern Montana in the United States. The mid-1960s era concrete arch dam serves to regulate the flow of the Bighorn for irrigation purposes and to generate hydroelectric power. The dam and its reservoir, Bighorn Lake, are owned by the U.S...
to its confluence with the Yellowstone River - Tongue RiverTongue River (Montana)The Tongue River is a tributary of the Yellowstone River, approximately 265 mi long, in the U.S. states of Wyoming and Montana. The Tongue rises in Wyoming in the Big Horn Mountains, flows through northern Wyoming and southeastern Montana and empties into the Yellowstone River at Miles City,...
- from Tongue River Dam to its confluence with the Yellowstone River
- Yellowstone River
Advocates for Montana public stream access
- Public Land/Water Access Association - The mission of the association is to maintain, restore, and perpetuate public access to the boundaries of all Montana public land and waters.
- Montana River Action - The clean flowing waters of Montana belong to the people and are held in trust by the State for a pollution-free healthful environment guaranteed by our Montana Constitution. Montana River Action’s mission is to protect and restore rivers, streams and other water bodies.
- Montana Wildlife Federation - Dedicated to conservation and preservation of Montana's wildlife, lands, waters and Montana fair-chase hunting and fishing heritage; Prioritizing public access to public wildlife and public lands.
Advocates for reduced Montana public stream access
- Property and Environment Research Center (PERC) - Improving environmental quality through property rights and markets.
- Montana Farm Bureau Federation Agricultural organization supporting interests of irrigators and landowners.