"Keeping the public on public lands & waters"





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Linda McCulloch

Political Party: D
Secretary of State



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

I have a 14 year record as a state legislator and member of the Land Board of consistently voting to protect and expand access to Montana public lands and waterways. The 2004 Attorney General’s opinion was very helpful for securing Montanans’ access rights.


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

Property rights are very important whether they are a public or private property right. Both are rights protected by law and our constitution.


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 support the state law that allows the State and citizen organizations to acquire water rights from willing sellers to help waterways function as natural aquatic systems.


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

As a legislator and State Superintendent of Public Instruction I have five times sworn an oath to uphold the Montana Constitution. Article IX, Section 3 (3) of the Constitution establishes the Public Trust Doctrine that guarantees all waters within the boundaries of Montana as property of the state for the beneficial uses of all our people as provided by law. I not only support the doctrine, but it's my constitutional duty to uphold it.


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

I am not very excited about the sale of Montana water to export out of state. We already have water basins that are over appropriated. Federal interstate commerce laws allow for the sale of water among states. I support strong Montana laws that set strict standards for the sale of any water for out of state use.


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 allocation of hunting licenses needs to based first and foremost on developing and maintaining healthy wildlife populations. It is the job of the Fish, Wildlife, and Parks Department to determine the annual harvest levels for wildlife. I am deeply concerned about efforts privatize hunting and fishing.


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

Expanding annual elk harvest levels and establishing special hunts should be used when elk numbers exceed numbers defined in sustainable management plans.








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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