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Cary Smith

Political Party: R
House District 55



1. What is your view of the 2004 Attorney General Opinion regarding access to streams from county road bridges ?

I agree with the Attorney General’s Opinion regarding access to streams from county road bridges. I also believe that because we live in a time when Truths are no longer Self Evident and Unalienable Rights must be defined that we need legislation passed that will protect our Public Access and Private Property Rights at the intersection of county road bridges and streams. If both parties work together in the 2009 Legislative Session we can pass legislation that is fair and equitable for all parties concerned.


2. In your opinion are public property rights important - often as important as private property rights?

Public Property Rights and Private Property Rights are both important. The right to own and utilize private property is a basic right that must not be infringed upon lightly. Public land and public resources belong to all of us and access and responsible use of public property is also a right that must be protected.


3. Do you believe the state should be allowed to acquire water rights sufficient to allow major streams to function as natural aquatic systems?

I believe that the state should be allowed to acquire water rights especially during times of low flow water conditions. HB 298 passed in 2005 provides emergency stream flow for fisheries and allows the state to enter into voluntary leases in times of emergency. Maintaining natural aquatic systems along with keeping our water clean and healthy for all use is very important and I would consider a variety of options including purchasing and leasing water rights to ensure clean water for all users.


4. Are you familiar with and do you support the Public Trust Doctrine?

Yes I understand the Public Trust Doctrine and support the doctrine as it relates to the state's responsibility to manage, maintain and provide responsible access to publically owned land, natural resources, waterways and wildlife. I do not believe that the Public Trust Doctrine should diminish private property rights. The public should have access to public land and resources in a manner that is fair to all parties.


5. Should we consider the sale of water in Montana’s rivers to be moved out of state?

I believe we need to protect our water and at this time do not see any good reason why we would want to sell our water out of state.


6. Should the Montana Department of Fish, Wildlife and Parks remain the sole decision maker for the allocation of licenses and permits that determine who may legally hunt and harvest Montana wildlife ?

The Montana Department of Fish, Wildlife and Parks has been given authority by the State Legislature to allocate licensees and permits and determine who may legally hunt and harvest Montana wildlife. They should make their decisions based on law set by the state legislature and they should also seek the input of sportsmen, property owners and others that share an interest in wildlife management.


7. What should be done to reduce elk populations that exceed optimum numbers as defined in current management plans?

Additional tags should be issued with preference going to Montana residents along with incentives to private property owners such as expanded block management programs or crop/property damage compensation provided to land owners that allow public access.








Public Land/Water Access Association Inc. or PLWA, is a citizen group organized and operated under the Montana nonprofit corporation act.

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Articles and Information on this site represent the opinion of the writer and are not intended as legal advice. Legal counsel may be needed in dealing with specific access situations and issues.
     
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