Board of Directors
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PLAAI / PLWA History
History - Rivers and Streams
Prior to the early 80's the land under the streams was considered by many to belong to the landowners, and was fished only with their allowance or indifference. Back in those days fishing on some of Montana's rivers and streams could be a dangerous or unpleasant experience.
Back then, landowners were just starting to understand the recreational value of property bordering blue ribbon trout streams, especially if there was any chance that the public could be excluded. A few took measures to the extreme to keep anglers out.
After reports of harassment of anglers on the Deerborn and Smith rivers filtered back to Butte in the late 1970s, some folks got together and started talking about what could be done. Tom Bugni and Jerry Manley stepped forward to start a fledging organization called the Montana Coalition for Stream Access . . . and the fight was on.
In 1977, the coalition filed its first lawsuit against Michael Curran, a landowner on the Deerborn River. Curran controlled some six or seven miles of lands bordering the Deerborn River and claimed title to its bands and streambed.
Later some outfitters and fishermen requested that the Stream Access Coalition take on another lawsuit against a Beaverhead River landowner just downstream from Clark Canyon Reservoir. Since the issue was the same, these were the cases that ran through the courts. Fishermen from all over the area raised money to pursue this case all the way to the Montana Supreme Court.
In 1984 the court ruled in a six-to-one decision that "The public has the right to use Montana's river and streams that are capable of recreation use, up to the high water mark." The next year with input from some of the present members of PLAAI, the legislature passed the landmark stream access law. The law, passed by the Montana Legislature in 1985, allows recreation access between the ordinary high water mark of rivers and streams. It states "that the public, without regard of the ownership of the land underlying the waters, may use rivers and streams for recreational use up to the ordinary high water mark."
Land Issues
The School Trust Lands of 5.2 million acres were deeded to the State of Montana to be used in funding the school system. These lands were in turn leased to ranchers and others persons. While the land was used to a large extent for livestock grazing, they had control over the access and use of this land.
A Montana citizen who wanted to recreate on school trust lands had to get permission from the lessee, which was difficult because they had in turn leased the land to an outfitter or just restricted it to friends or relatives.
In 1988, two members of Public Lands/Water Access Association, Tony Schoonen and Jack Atcheson, with their own funds filed a lawsuit against the State Public Land Department to open these public lands to the public. They continued on this path and won every motion to dismiss the suit filed by rancher's organization. It appeared that they were on the right track and the issue was picked up by Rep. Dave Brown. who introduced the State Trust Lands legislation that became law. This statute opened up about five million acres of School Trust Lands for recreationists use as well as millions of adjoining acres of BLM and Forest Service land.
This work by two of our present members, and the work of the members involved in the Stream Access Litigation has had tremendous impact for our recreationists citizens. Can you imagine what Montana would be like if the property owners owned the stream bottom? In some states, you can't set your anchor in a stream or river if the landowner owes the bank. We owe a great deal of debt to a handful of truly dedicated citizens who fought a lonely battle and won. These same people are still involved in Public Lands/Water Access Assoc., Inc.
We are blessed with the most liberal access for our streams and land then any state in the union. We will warn you, if you take this for granted, you might be sorely disappointed. There are changes in land ownership which is resulting illegal closures of road and access to our water. PLAAI had been the bulwark against this activity and will continue the battle to the limit of our resources.
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