"Keeping the public on public lands & waters"





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Will Deschamps

Political Party: R
House District 98



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

My understanding is the opinion was in 2000 and conforms with state law. Apparently, under state law, not all county bridges provide stream access. I believe in access but no trespass.


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

I believe private property rights trump and the suggestion that there is a perscribed public property right is more important is false. No private property should be taken with out due compensation. As a school board member, I do take an oath to protect private property rights.


3. Do you believe the state should be allowed to acquire water rights sufficient to allow major streams to function as natural aquatic systems?

There is no reason for the state to acquire water rights at this time. The laws on the books are silent on determining which benificial use trumps another.


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

The Public Trust Doctrine is not in our state Constitution and , but that Constitution does provide for protection of our public lands. As above, I support access, multiple use, but not trespass .


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

At this time I am not in favor of selling our waters that headwater with-in the state. Only if I can be assured that all Montana's needs can be met, will I be willing to entertain any sale of our state resident's waters.


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 should continue to administer and manage all existing wildlife management plans. State law provides for licensing and regulations relating to hunting.


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

State law provides for the following options: A. Special season B. Allow property owners to hunt upon their property C. Department may hunt the animals








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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