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Fergus Co. Attorney Responds to Mabee Road Closure
| Todd Gunderson, a PLWA volunteer attorney, received a copy of a letter Fergus County Attorney Thomas P. Meissner sent to the Fergus County Commissioners regarding the closure of Mabee road.Mr. more
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Mabee Road
New Lock Blocks Access
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HOLMGREN FISHING ACCESS SITE
| In yet another sterling effort by the stalwart staff of Region 5 Fish Wildlife and Parks , plans are now being formalized for a critically needed fishing access site on the Yellowstone River between Reed Point and Columbus. Long recognized and advocated by PLWA, this site adds immeasurably to the river access in that reach of the river. We tip our hats to all FWP staff associated with this acquisition. more
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2009 Raffle Results
| 2009 PLWA RAFFLE SUCCESS The latest raffle – and our only fund raising event – was a success. We almost doubled the income and, at the same time, doubled the value of the prizes. The top prize, the premier split bamboo fly rod, made and donated by Sweetgrass Rods out of Twin Bridges, and valued at over $1,200 went to Tim Keating of Billings. more
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EXCEPTIONALLY DANGEROUS TAKINGS INITIATIVE
| TAKINGS INITIATIVE - FROM MWF Now out on the street for signatures is a citizen proposed ballot initiative or referendum that could change Montana – forever. The ‘Private Property Rights Preservation Act’ submitted by Charles Denowh is a ‘Statutory Initiative’ meaning it would amend Montana statute allowing lawsuits against Montana for any regulations or actions that might be considered a “taking”. After a couple different renditions of the measure, it first started as a ‘Constitutional Initiative’, which has since been rewritten as a ‘Statutory Initiative’, the Montana Legislative Services has completed their review and the modified version has now moved to the Attorney General. more
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Mabee Road Update
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| After extensive research we finally got the Mabee Road report in the mail to the Fergus County Commissioners and Fergus County Attorney. There are several people to thank for their efforts in completing this project. First, Billings attorney Todd Gunderson. more
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Mabee Road
New Lock Blocks Access
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Access Supporter Leaves a Legacy With Estate Plan
| Access Supporter Leaves a Legacy With Estate PlanYou Can Too We all lost a wonderful friend, Brad Heinrich, of Ronan on Jan. 15, 2009, as a result of a vehicle accident near Perma. PLWA was pleased to find that Brad remembered PLWA with a generous bequest in his will. more
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What Others Are Saying About PLWA
| The Fight for AccessBrett French - Billings Gazette - 11-6-09There's an access storm that continues to brew in Montana that may be nearing critical mass.Ranchers and farmers are worried that radical environmentalists and sportsmen are going to demand access to every acre of public land, no matter how remote.Rural counties with tight budgets have little money or inclination to take on landowners when they close off access to public lands. more
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The Bridge Access Fight
| Many folks have the idea that the stream and bridge access is settled for good with the Public Land Water Access Association victory in court and passage of HB190. Well, it isn’t. HB 190 applies only to “county roads”. more
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Montana Stream Access Law
The Best in the West
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BLM Access Team addresses public need
| BLM Access Team addresses public need MILES CITY, Mont. --- The BLM Miles City Field Office Access Team has addressed a series of access-related concerns on eastern Montana public land, the most recent of which was the Lone Tree project located about nine miles south of Jordan in Garfield county. Boundary posting of the first phase of the project was completed Sept. more
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Ranchers sue over Bullwhacker road
| Bullwhacker road case ignites again - It is unfortunate the landowners are choosing to pursue this, as it is a clear case of a historic "public highway ". PLWA is confident the public interest will prevail in the long run. See comments by PLWA officers in story below. more
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Bullwhacker Road (2007)
A MAJOR VICTORY
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Scenic View Road
| Negotiations in the works on access to Scenic View Road- By Kay Braddock Terry Tribune - Published Nov. 4, 2009 Commissioners, landowner meet to negotiate use of road For the first time since the Scenic View Road issue began two years ago, Prairie County commissioners, representatives of the Bureau of Land Management and landowner Michael Karrels sat down together to negotiate use of the 7-mile dirt road that leads to a popular overlook of the Terry Badlands north of Terry. Although commissioners presented four bargaining points to discuss, negotiations stalled early on over issues concerning liability and whether the road was county or privately owned. more
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SCENIC VIEW ROAD - February 2010
Commission delays filing compaint.
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PROPERTY TAXES PAID BY FWP IN 2008
| Critics of any Fish Wildlife and Parks land acquisitions are quick to argue that they take property off the tax rolls . This is almost entirely untrue . FWP continues to pay taxes just like any other property owner . more
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REGION 5 BRIDGE ACCESS PROJECTS
| Region 5 of Montana Fish Wildlife and Parks continues to work aggressively on implementing bridge access projects authorized by House Bill 190 in the last legislature. (Region 5 includes Yellowstone and the surrounding counties. ) In early august , crews from FWP, and volunteers from sporting organizations completed projects on two major bridges of significance - "Spring Creek" bridge on the Stillwater, and the bridge on the East Rosebud south of Roscoe. more
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What Others Are Saying About PLWA
| From the Fall / Winter 2009 edition of THE DRAKE (A national fly fishing magazine.)(In regard to the Ruby River / Madison county case.) “The amazing thing is not that PLWA won the case---all the judge did was uphold the law. more
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BOARD CENSURES OUTFITTER
| On August 4, 2009 , the Montana Board of Outfitters "Adjudication Panel" censured an outfitter for what in effect was hunter harassment for running off legal hunters off public land. It Involved David Simpson of Billings , and happened in 2007 in Big Horn county , where the outfitter Cole Benton of Buffalo Wyoming "escorted" Mr. Simpson , his son, and grandson off a state section where they had killed a deer. more
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Bundy Bridge Access
| On July 10 a group of sportsmen and government officials met at the north side of Bundy Bridge near Pompy’s Pillar some 25 miles east of Billings. Our mission was to construct a walk thru access facility on the north west corner of the bridge.Present were Irv Wilkey. more
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Bundy Bridge Fishing Access Site (2006)
An Island returned to public ownership
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On Your Own Adventures
| You will also note they have a TV show on the Outdoor Channel . As the name "On Your Own Adventures" implies, the show and website are all about unguided hunting on public land. If you are tired of watching Outdoor Channel shows about bubba’s in heated blinds shooting fenced in, baited deer , you will love this show – and website ! more
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New Long Awaited Access on Stillwater
| On Friday June 26, 2009 , a ceremony was held marking the grand opening of a new fishing access site on the popular Stillwater river. Formerly referred to as the Riverside Inn site , about 2 miles downstream from Absarokee, this site fills a vital need .Now called "Jeffrey's Landing" the 3. more
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NEW ACCESS IN CARBON COUNTY
| The Montana state Land Board has approved purchase of the Clarks Fork of the Yellowstone Fishing Access Site south of Bridger. FWP will pay $516,000 for the 172-acre parcel, which includes riparian river bottoms, irrigated farm fields, grasslands and frontage on the Clarks Fork of the Yellowstone River. Money for the purchase comes from Access Montana funds appropriated by the Montana Legislature in 2007. more
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FULL TEXT OF HB 190
| HOUSE BILL NO. 190INTRODUCED BY K. VAN DYK, P. BECK, COHENOUR, ESSMANN, GALLUS, JENT, MACLAREN, O'HARA, POMNICHOWSKI, SHOCKLEY, STAHL, STEENSON, BRUEGGEMAN, BLEWETT, CAFERRO, FUREY, GILLAN AN ACT REVISING LAWS RELATED TO ACCESS TO STATE WATERS FROM COUNTY ROADS AND BRIDGES; PROVIDING THAT A FENCE ATTACHED TO OR ABUTTING A COUNTY ROAD BRIDGE IS NOT CONSIDERED AN ENCROACHMENT UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PUBLIC ACCESS TO SURFACE WATERS FOR RECREATIONAL USE FROM A COUNTY ROAD RIGHT-OF-WAY AND FROM A COUNTY BRIDGE, ITS RIGHT-OF-WAY, AND ITS ABUTMENTS; PROVIDING FOR PUBLIC PASSAGE TO SURFACE WATERS THROUGH COUNTY ROAD AND BRIDGE RIGHTS-OF-WAY WHILE MAINTAINING LIVESTOCK CONTROL OR PROPERTY MANAGEMENT; REQUIRING THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS TO NEGOTIATE WITH AFFECTED LANDOWNERS TO PROVIDE METHODS TO ENSURE PUBLIC PASSAGE TO SURFACE WATERS FOR RECREATIONAL PURPOSES WHILE MAINTAINING LIVESTOCK CONTROL OR PROPERTY MANAGEMENT; PROVIDING FOR PAYMENT OF THE COSTS OF ANY FENCE MODIFICATION NECESSARY TO PROVIDE FOR PUBLIC PASSAGE; AMENDING SECTION 7-14-2134, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. more
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MADISON COUNTY / RUBY RIVER RULING
2008
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Hughes Creek Road - Bitterroot National Forest.
| May 26, 2009Ravalli County Board of Commissioners Ravalli County Courthouse 215 South 4th Street, Suite A Hamilton, MT 59840-2853 Dear County Commissioners:It has been brought to our attention that the Hughes Creek Road is closed off on its upper end. We have been up there and there is a locked non-forest service gate across it. It is located 8. more
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BRIDGE ACCESS BILL NOW LAW
| Governor Schweitzer hooks Stream Access into lawSigns Rep. Kendall Van Dyk’s HB 1904/13/2009(BILLINGS) – Today, Governor Brian Schweitzer and Rep. Kendall Van Dyk joined by Attorney General Steve Bullock and area sportsmen and women celebrated the signing of Montana’s first stream access bill in over 24 years at Riverfront Park in Billings. more
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Montana Stream Access Law
The Best in the West
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A.G. Steve Bullock addresses PLWA Annual Meeting
| The PLWA Annual Meeting, and confab was a great success. Newly installed Attorney General Steve Bullock, a strong supporter of public access law, was the keynote speaker . ( Steve did the legal work for the Attorney General office when the stream access laws were challenged by the Mountain States Legal Foundation . more
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MONTANA SUPREME COURT RULES ON MITCHELL SLOUGH
| In a unanimous decision of Nov 17 ,2008 the Montana Supreme Court decided the Mitchell Slough is open to recreation under the state’s stream access law. The court ruled the 16-mile long slough/side channel roughly followed the century old historic course of a waterway and therefore was subject to public access and permitting like other natural waterways.For more infomation see article in accomplishments section of this website and link to Ravalli Republic article below. more
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Mitchell Slough - 2008
A natural side channel of the Bitterroot
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REBRANDING PLAAI / PLWA
| PLWA (PLAAI) has undergone significant changes in the last few years. We have added several hundred members and increased our budget. To keep up with that change and modernize our image the board decided to change our nickname and logo a few months ago. more
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The Scenic View Road
| The "Scenic View Road"ANOTHER IN-YOUR-FACE ROAD CLOSUREACTION POINTS OUT MAJOR PROBLEM WITH MONTANA GOVERNMENT IN THIS REGARDPrairie County commissioners are in a quandary about what to do after a landowner erected a gate, installed a cattle guard and posted a sign across a road that leads to a popular scenic overlook northwest of the town of Terry. (As of October 2008, we understand the gate is now locked. ) This and another road closure of a road leading east off of the same highway have had the attention of PLWA for some time. more
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SCENIC VIEW ROAD - February 2010
Commission delays filing compaint.
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Ruby River Court Victory
| District Court Judge Loren Tucker's decision on access to streams at bridges on the Ruby River is a major victory for the Public Land/Water Access Association and for all Montana outdoor enthusiasts. "Without the expertise and dedication of Devlan Geddes and Jim Goetz ot the Goetz law Firm in Bozeman, Montana, this victory would never have happened" said PLWA President John Gibson. The court decision on the Ruby River Case is compicated but consider the following:Regarding the two roads that are petitioned county roads (Duncan and Lewis Lanes ), the judge ruled that the easement is 60 feet wide and extends to the water. more
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MADISON COUNTY / RUBY RIVER RULING
2008
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Complete Text of Ruby River Ruling
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| (The following is substantially correct, but could be some errors in file conversion. ) MONTANA FIFTH JUDICIAL DISTRICT COURT, MADISON COUNTYPUBLIC LANDS ACCESS ASSOCIATION INC., Cause No. more
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MADISON COUNTY / RUBY RIVER RULING
2008
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NEW FISHING ACCESS SITE IN CRITICAL LOCATION
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| The Department of Fish, Wildlife and Parks has announced plans to purchase a 72-acre parcel of land five miles west of Columbus.The portion of the 1,000-acre Holmgren Ranch includes a mile of Yellowstone River frontage and is bordered by State Highway 10. FWP envisions developing a fishing access and campground. more
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Public Access Cornerstone of Administration
| Summer is a special time here in Montana. With the winter behind us, fishing, hiking and camping are now priorities on the minds of many Montanans. On top of that, hunting season is just around the corner. more
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PLUM CREEK DEAL KEEPS PUBLIC LAND OPEN
| Plum Creek Timber is turning over about a quarter of its Montana holdings in a deal backed by the federal government, which is pitching in $250 million, said U.S. Sen. more
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16-MILE CREEK ACCESS GETS $250,000 BOOST
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| 16-MILE CREEK ACCESS GETS $250,000 BOOST THANKS TO LOCAL LEADERS Public access to one of Montana’s premier scenic streams moved a giant step forward recently when the Joint Board of the Montana Fish and Wildlife Conservation Trust granted $250,000 in funding to buy a parcel of old railroad bed along the creek. With the leadership of Steve Johnson and John Leeper, two PLAAI members in the area, PLAAI has been active in advocating for the purchase. Steve Johnson of Big Sky, commented after the decision was announced: “Thanks to your (PLAAI) efforts, over 25 letters of support were received, and none in opposition. more
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Big Elk Canyon - February 2008
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| Two Dot area landowner / outfitter Mac White continues to try and establish control over huge section of public Forest Service land despite rebuffs by the Forest Service and the public. PLAAI beat down 2006 attempt to privatize public domain, but issues of reciprocal access persist. See the Billings Gazette article linked below and article in "Accomplishments" on this website. more
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BOADLE ROAD COURT VICTORY
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| The Boadle Road leading to Pishkin Reservoir , a Wildlife Management Area , and public lands beyond had been Illegally locked off by a private party claiming ownership. PLAAI brought suit based on testimony that gas tax money had been used for public maintenance of the road and that it had been used by the public continuously for many years. PLAAI won a court decision to get that road open. more
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Boadle Road - 2003 -2008
Choteau county - A LONG COURT BATTLE
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Governor says strong economy, public access linked
| BUTTE - No state has rivers like Montana, and if it wants to keep itseconomy booming, then the public must continue to be able to access thoserivers, Gov. Brian Schweitzer told a crowd of stream access advocatesSaturday."It's not only that Montana has rivers that make us different, it is thatyou have the right to access our rivers that makes us different," he said. more
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BRIDGE ACCESS BILL IMPLEMENTATION
| All – Now that HB 190 is law we are in the implementation phase. In order to focus and prioritize efforts we need information on specific bridges. To that end , we have developed the following checklist for essential information. more
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Bad Senate Bill Still in House
| A bad Senate bill that has passed the Senate is still in house committee. SB 435. would prevent the State (read Fish Wildlife & Parks and Fishing Access Sites) from purchasing or even accepting any more land unless they dispose of an equal amount of land . more
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Billings Gazette -Circle R River Ranch 07/10/08
| Access to the 7 1/2 sections just West of the Circle R (see illustration ) has been a major focus of PLWA for many years. The "Old Bozeman Military Road" from the east had been long locked up by previous owners . Our thanks go out to the FWP staff for this outstanding effort. more
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Circle R River Ranch - 2008
State creates 9000 acre Public Wildlife Habitat
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Arrow Island - Unfavorable Decision
| Arrow Island 'park", east of Shepherd on the Yellowstone, is an undeveloped county park . Nearby homeowners are proposing a Park Maintenance District (similar to an "RSID") for purposes of maintenance of the park under their ostensible control. The proposed annual budget is $1130 for brush control and garbage pick up. more
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Arrow Island Yellowstone County
UNFAVORABLE DECISION BY COUNTY COMMISSIONERS
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Attorney Jim Goetz on Bridge Access
| By James Goetz - 03/29/2007In a guest editorial in The Standard March 16, Steve Roth, president of the Montana Stockgrowers Association, attempts to demonize the Montana Department of Fish, Wildlife & Parks, accusing that agency of creating an “unnecessary strain” on landowner and recreationist relationships in Montana. Roth attacks Senate Bill 78 as unnecessary and as a measure that will not solve the issue of stream access at county road bridge sites.In the mid-1980s, I represented the Montana Coalition for Stream Access in two cases that established the right of recreationists to use Montana’s streams. more
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MADISON COUNTY / RUBY RIVER RULING
2008
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