"Keeping the public on public lands & waters"





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Max Graham

Political Party: R
Senate District 26



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

I think that the public needs to have access to streams from county road bridges. Access to streams is important for fishing and other recreational uses of our streams. Bridge access should not be restricted by land owners. This needs to be done in a way that protects the land owner’s rights and allows fencing that will keep livestock secure without limiting recreational access. People with access need to respect the property rights of the land owners and keep our streams clean of litter and other such pollutants.


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

I think that public property rights are just as important as private property rights. Public land belongs to everyone and that right of responsible use of that land is a right that needs to be protected. Private property right is also important and fundamental to our freedom. Private and public property rights need to be protected. There has to be a fair balance when those rights come into conflict.


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


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

I think that there are some misuses of this doctrine. The right of the private property owner needs to be protected. Eminent domain should be greatly restricted and not abused. Property owners need to be fairly compensated for lost land and/or value. The public should have access to public lands in a way that is fair to both parties. Eminent Domain should not be used by special interests groups to destroy private property rights.


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

Our water should not be sold to be exported 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 ?

I do not think that they should be the sole decision maker. Every organization needs their checks and balances. Out elected representatives, property owners, recreational and conservation interests should all have input and a hand in the decision making. Montana Department of Fish, Wildlife and Parks should be instrumental in getting the information out on the issues and a leading role in the decision making.


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

We should increase the number of tags for harvest by hunters.








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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