1. What is your view of the 2004 Attorney General Opinion regarding access to streams from county road bridges ?
The opinion is presently "valid" but not explicit in defining rights and limitations. Also as an opinion is subject to revision by any future AG. Voluntary agreements can be more explicit and more stable.
2. In your opinion are public property rights important - often as important as private property rights?
The two items are not the same. Public rights are usually limited to explicit allowed uses. Private rights are more general and allow anything not explicitly prohibited. Changes to the existing status can be at serious cost to one of the sides involved.
3. Do you believe the state should be allowed to acquire water rights sufficient to allow major streams to function as natural aquatic systems?
As far as I know there is nothing preventing the state from aquiring water rights. The issue is more related to who decides what is "sufficient" for what purposes and also who will pay for the rights. Shall rights be purchased at cost to taxpayers or confiscated from private ownwers by the state? I do not support confiscation. Nationally instaances have been demonstrated in which private agreements result in good solutions. The Nature Conservancy and other organizations have done some good work in this area.
4. Are you familiar with and do you support the Public Trust Doctrine?
I have some awareness of the doctrine. This is another area that is capable of being "double edged" if one relies on court decisions or the current political trens, you are subject to a reversal in direction based on changes in small numbers of people. Again private agreements are more stable and result in fewer people being unhappy.
5. Should we consider the sale of water in Montana’s rivers to be moved out of state?
If you consider water to be a possesion like any other item, the logical response is that the owner shall be allowed to do whatever they wish with their property. If you wish something else done, buy the property and do as you wish. Related issues of who "owns" the water to begin with and who is a priority when there is not as much water as is "owned" are also significant.
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 ?
Only on public land. Private land should be allowed to be privately controlled.
7. What should be done to reduce elk populations that exceed optimum numbers as defined in current management plans?
Increase the allowed harvest. If necessary lengthen the season and reduce fees until the desired results are achieved.
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