From The Great Falls Tribune - 9-8-2011Written byMICHAEL BABCOCK CHOTEAU — A "private road no trespassing" sign on Road No. 380, also known as the Salmond Ranch Road, on the Rocky Mountain Front west of Choteau, surprised former Montanan Tim Callahan.He first encountered the road closure in October 2009 while on a scenic drive in the area. At that time, there was just the sign saying the road was closed."We were out to see how close we could get to that part of the Rocky Mountain Front," Callahan said of the 2009 trip.Callahan was back recently to show John Gibson of the Public Lands Water Access Association and Dave Van Tighem of Russell Country Sportsmen in Great Falls the sign. But now, in addition to the sign, a new gate with a lock makes clear that Salmond Ranch Road is closed.   ... (more)

(Blaine County 2011) In 2007 he Bullwhacker Road southeast of Havre was opened after several years of closure and controversy. The road which serves as the only reasonable access to over 50,000 acres of BLM and state land – much of it in the Missouri River Breaks, had been closed , or open only by landowner permission, for several years. Prior to that it had been used by land managers, ranchers, and recreationists for half a century. Thousands of dollars of public money had been spent on maintenance . PLWA (formerly "PLAAI" ) expert volunteers researched road history and developed voluminous documentation proving it to be a “ public highway”. This was presented to the County Attorney who agreed and issued an opinion to that effect which opened the road. However, in 2009 the owners filed suit in the 17th Judicial District court (Malta, MT) to overturn the ruling.   ... (more)

Lock on Mabee Road in Fergus County Blocks Huge Public Land AreaDevelopments on Mabee Road CaseThe Fergus County Commissioners are still refusing to acknowledge that the Maybee road is a public road! We believe this is a serious abdication of their duty as public officials. We also believe the Fergus County Attorney has also abdicated his duties in this regard by allowing the county commissioners to go on with this denial of facts and law. The Mabee Road runs north from Roy, Montana in Fergus County, and provides sole road access to a large area of the Missouri Breaks National Monument and the CMR Wildlife Refuge. The road status is presently in legal limbo after a lock was put on a gate in 2007 by an adjacent landowner/ outfitter who asserts the road is private, not public. In 2009 PLWA prepared a presentation of the public records that show without question that the road existed prior to any homestead patents being issued in the vicinity, and is therefore an "RS2477" public road. The Fergus County Attorney gave a copy of our information to the landowner’s attorney who responded in an eight page document that argues the road is not an RS - 2477.   ... (more)

Cherry Creek Road The Cherry Creek Road nine miles south of Big Timber, east off of Highway 298, crosses about a quarter-mile of Lee Smoot's property and then three-quarters of a mile of George Matelich and Michael Goldberg's ranch before reaching the Gallatin National Forest boundary – and 16,000 acres of public land. (Matelich and Goldberg, as we understand it, are Wall Street executives.) Years of negotiations have failed to gain access and the Forest Service is pursuing an easement through using “eminent domain”. Here is the status of that action as of June 2010, as we understand it:U.S.F.S.   ... (more)

Hughes Creek Road The Hughes Creek Road, a county road located within the boundaries of the Bitterroot National Forest south of Darby, Montana, was recently closed by a private landowner. In May of this year , the Ravalli County Fish and Wildlife Association challenged this closure by researching county records and Commissioner’s Journals . They presented the County Commissioners and County Attorney with copies of the original road declaration making it a public road, a copy of the original Commissioners Journal, documentation on attempts to have it abandoned, the documented refusal by the County Commissioners to abandon it in 1982, and the history of the road up to October 19, 1988 . Our contact with the Bitterroot National Forest substantiates the claim of Ravalli County Fish and Wildlife and they tell us their findings have been submitted to the County Commissioners. The facts have now been presented and with patience we believe the public will prevail . This is an excellent example of what private citizens and organizations can accomplish to counter road closures. (Some of the early successes of PLWA were in Western Montana and Ravalli County as a result of citizen involvement of this type and cooperation with county Clerk and Recorder offices.   ... (more)

There are numerous islands on the Yellowstone River for which ownership is not clear. Initial research tells us some are being illegally claimed by private parties. Because of changes in the riverbed since the original meander surveys around the turn of the last century, ownership determination is best handled on a case by case basis . Our goal is to research all significant islands on the river, and determine public ownership. In addition we know many county and public roads leading to the river have been illegally closed . Each of these will require research and presentation to appropriate county commission .In 2008, PLWA was fortunate enough to get a grant from the Cinnabar foundation to study island ownership on the river -primarily in Yellowstone county.   ... (more)

Choteau County - A LONG COURT BATTLE The Boadle Road or “Sun River Slope Canal Road” leading to the south side of the Pishkin Reservoir , a Wildlife Management Area , and public lands beyond had been Illegally locked off by a private party claiming ownership. PLAAI (Now "PLWA" ) brought suit based on testimony that gas tax money had been used for public maintenance of the road and that it had been used by the public continuously for many years. PLWA won a court decision to get that road open. However, the landowner then went on down the road and blocked it again beyond the point not covered by the court decision . A subsequent District Court decision contended that PLWA did not have standing at the second blocking location because the Bureau of Rec. held the easement - not PLWA . The PLWA law firm of Goetz and Associates of Bozeman appealed that decision to the Montana Supreme Court and prevailed in early 2008.   ... (more)

Although we have in interest in reasonable access for all recreational users, we have significant concern about any use which can become a semi-exclusive or "consumptive" use - that is any use which significantly diminishes the enjoyment by other users. Motorized use can easily become "consumptive" and damaging to the resource use if not regulated and policed. (Given the size of Montana public lands it can be very difficult to police. ) It is often a major objection and obstacle to opening public land access.On the other hand, without some motorized use, large areas of the Montana landscape become inaccessible except to the young and hearty, or those with the budget and inclination to own or engage pack stock. Also public agencies cannot perform their management functions without motorized access in many cases. (How do you fight fire if you cant get in there ?   ... (more)

PLWA’s mission and the focus of our efforts is to gain access to the boundaries of public lands and waters. This includes fighting road closures where private parties block legal rights- of -way to the boundaries. However, PLWA normally does not get involved in the decisions by Federal agencies in regard to which roads inside public land boundaries are open or closed , or what public uses are allowed on those roads - usually referred to as "travel plans" . This is their area of jurisdiction. These are important decisions, and while many groups engage these issues, PLWA is usually the only one leading the charge to gain access to the boundary. We are not saying the agencies are always right with their Travel Plans, but our mission is to get you to the public land in the first place. (Successful legal action on Bullwhacker Road in Blaine County is an example of PLWA action.   ... (more)

Lily Pad and Crater lakes lie in a school section about one and a half miles off the West Rosebud road across from the Lazy EL ranch property. Legal access is available across BLM land from the West Rosebud Road, but there is no trail and minimal parking. It is a real bushwhacking effort to find them. This route is the shortest and most scenic to the lakes as well as point to point day hiking/hunting when connected to the proposed Forest Service trail. A private party does have access to the (stocked) lakes from Fiddler creek on an improved non-public road. The Beartooth Backcountry Horsemen, in cooperation with the Forest Service would like to open other trails to the lakes from the South via Reeves lake along the West Rosebud road, and from the West starting in the Dean MT area via Island lake. PLWA is fully supportive of this effort.   ... (more)

PLWA beieves It's grossly unfair when private interests block access to public resources. The bed of the Yellowstone is public property ! Waterfowl are legal game species! There is no biological reason for this closure anymore !Billings Gazette - by permission 50-year-old closure on the Yellowstone may be outdated but remains popularBRETT FRENCH Of The Gazette Staff | Posted: Thursday, October 8, 2009 12:30 amDuring the three-month fall waterfowl season, sportsmen can boat, fish and hunt upland birds and big game along the 100-mile stretch of the Yellowstone River from its confluence with the Bighorn River to the eastern edge of Rosebud County.But forget about goose and duck hunting on the river. That's prohibited along the river channel, backwaters and sandbars.   ... (more)

This is a designated but undeveloped county park located along the Yellowstone River somewhat southeast of Shepherd. (Sec 12 T2N, R27E ) Access is gated and padlocked but walking access allowed. FWP would like to develop a fishing access site at the location. Local area residents have the usual NIMBY arguments against such a plan and are proposing a Park Maintenance District. PLAAI believes that the park / FAS should be developed and operated like any other fishing access site and not be encumbered by any local agreements. The site is important as it is the only site on the north side of the river for approximatley 100 miles to the east of Billings . It is strategically located for river search and rescue operations as well as for water truck operations in event of large scale prairie fires.   ... (more)