1. What is your view of the 2004 Attorney General Opinion regarding access to streams from county road bridges ?
The A.G.'s opinion that the intersection of county road right of ways and publicly owned waterways constitutes an access point is correct. It also agrees with the Stream Access Law 23-2-301. It also held that counties, under their police powers, can and should regulate these access points. The problem arises when the right of way intersects the waterway where there is no easy transition from one right of way to the waterway without passing over or through private property. I believe FWP needs to have a program whereby they can provide legal access to these waterways.
2. In your opinion are public property rights important - often as important as private property rights?
Yes. If the public need requires the taking of private property it must be done through due process and with just compensation.
3. Do you believe the state should be allowed to acquire water rights sufficient to allow major streams to function as natural aquatic systems?
Yes, if they buy them or lease them just as any private party might do
4. Are you familiar with and do you support the Public Trust Doctrine?
I support multiple use and access to public lands.
5. Should we consider the sale of water in Montana’s rivers to be moved out of state?
Only if all Montana water rights and appropriations are being fulfilled. Until the adjudication process is complete we will not know the answer to this. Til then, out of state sale is inappropriate.
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 ?
Yes, in accordance with state law.
7. What should be done to reduce elk populations that exceed optimum numbers as defined in current management plans?
FWP should determine the number that need to be reduced and either hold a special hunt, permit the landowner to dispose of them, or FWP remove the elk themselves, in accordance with state law.
|