1. What is your view of the 2004 Attorney General Opinion regarding access to streams from county road bridges ?
I cannot fina a relevant opinion issued in 2004. There was an opinion issued in 2000 that held that the public had the right to use a county road to gain access to streams and rivers and that a bridge and it's abutments were part of that highway and therefore that the public can use the bridge to gain access to streams and rivers. The attorney general's distinction among different kinds of roads among dedicated, dedicated with restrictions imposed by the grantor and prescriptive, however, implied that the public does not have legal access via all county road bridges. Access not trespass.
2. In your opinion are public property rights important - often as important as private property rights?
No, private property rights are protected by both the United States Constitution (the Fifth Amendment stipulates that "nor shal private property be taken for public use, without just compensation") and that of the state of Montana.
3. Do you believe the state should be allowed to acquire water rights sufficient to allow major streams to function as natural aquatic systems?
Existing water laws protect aquatic systems.
4. Are you familiar with and do you support the Public Trust Doctrine?
There is no reference to it in the state constitution but I support access to public lands for multiple uses.
5. Should we consider the sale of water in Montana’s rivers to be moved out of state?
This could only be considered if all Montana water right uses were met anf there was a series of years in which there was plentiful water. Given the crucial role of water it is difficult to envisage selling Montana water, except bottled.
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 ?
FWP manages wildlife in Montana according to state law. Those regulations govern the allocation of licenses and permits. Only our elected representitives can change hunting regulations and licensing.
7. What should be done to reduce elk populations that exceed optimum numbers as defined in current management plans?
There are regulations currently in place that address that issue.
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