"Keeping the public on public lands & waters"





Donate via PayPal


Donations received.
$9073
last donation: 06/02/2009

Member Login
email address
password
   forgot your password?

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

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
issue
MADISON COUNTY / RUBY RIVER RULING
IMPORTANT CLARIFICATION OF STREAM ACCESS
related articles

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

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

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

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

BLM SEEKS ACCESS MANAGER

BLM seeking staffer to boost access effortsBy BRETT FRENCHOf the Gazette StaffAcknowledging that too much of its 8.2 million acres of public lands in Montana and the Dakotas is inaccessible to the public, the Bureau of Land Management has created a position to negotiate access.Applications are being taken until today for the newly created post of access program manager, to be based in Billings.   more

Maybee Road

New Lock on Maybee Road in Fergus County Blocks Huge Public Land AreaThe Maybee Road runs north from Roy, Montana in Fergus County, and provides sole road access to a large area of the Missouri Breaks National Monument and the CMR Wildlife Refuge. The road status is presently in legal limbo after a lock was put on a gate last year by an adjacent landowner who asserts the road is private, not public. Earlier this year PLWA prepared a presentation of the public records that show without question that the road existed prior to any homestead patents being issued in the vicinity, and is therefore an "RS2477" public road .   more

Public meeting held on Meinhardt FAS Acquisition

Public meeting held on fishing access site environmental assessment.Region 5 of FWP continues to be the leader in FWP efforts to expand access. The Meinhardt property is a great example and one we need to support.   more

2009 Legislative Issues

Make sure that your representitives know how strongly you feel about stream and public land access.We're only entering our third week of the Legislature, but things are certainly heating up. Several bills have come up that again attempt to degrade the significance of our hunting and fishing heritage.   more
issue
Montana Stream Access Law
The Best in the West
related articles

NEW PUBLIC LAND ACCESS INITIATIVE IN S.E. MONTANA

FWP pilot project encourages public land accessBy BRETT FRENCHOf The Gazette StaffAcross Montana, thousands of acres of public lands are inaccessible to sportsmen because they're surrounded by private holdings and untouched by public roads.On maps, the public acreage shows up as gold, blue, pink and green squares.In southeastern Montana, the Department of Fish, Wildlife and Parks is piloting a program to encourage landowners to allow sportsmen access to public lands, offering a fee in exchange.   more

Access Related Bills in Legislature

January 1, 2009 - GREAT FALLS TRIBUNEOutdoors issues await lawmakersBy MICHAEL BABCOCKTribune Outdoor EditorStream access, harboring wildlife and deciding whether or not a road is public are subjects that Montana legislators will take up this year.The61st session of the Montana Legislature convenes Jan. 5 in Helena and like every session, there are a number of issues that could affect how sportsmen and women play outdoors.   more

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
issue
Mitchell Slough - 2008
A natural side channel of the Bitterroot
related articles

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

What Others Are Saying About PLWA & Access

From member Dr. Bill Mealer, Bozeman Montana - May 2009Thanks again for the foresight, dedication, hard work and courage to work for our and my grandchildren's right to enjoy what we fondly call the " Montana outdoors".I think that conservation is a little like fishing: 10% of the water holds 90% of the fish; 10% of the fisherman catch 90% of the fish.   more

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
issue
SCENIC VIEW ROAD - May 2009
Attorney General Stepping Into Fray
related articles

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
issue
MADISON COUNTY / RUBY RIVER RULING
IMPORTANT CLARIFICATION OF STREAM ACCESS
related articles

Complete Text of Ruby River Ruling

(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
issue
MADISON COUNTY / RUBY RIVER RULING
IMPORTANT CLARIFICATION OF STREAM ACCESS
related articles

NEW FISHING ACCESS SITE IN CRITICAL LOCATION

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

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

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

16-MILE CREEK ACCESS GETS $250,000 BOOST

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

Riverside FAS -5/13/2008

Riverside FAS EA Legal NoticeAcquistion of 3.74 acres along the Stillwater River north of Absarokee for a Fishing Access Site (FAS).. Comments taken through May 30, 2008.   more

Big Elk Canyon - February 2008

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

BOADLE ROAD COURT VICTORY

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
issue
Boadle Road - 2003 -2008
Choteau county - A LONG COURT BATTLE
related articles

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

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
issue
Circle R River Ranch - 2008
State creates 9000 acre Public Wildlife Habitat
related articles

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
issue
Arrow Island Yellowstone County
UNFAVORABLE DECISION BY COUNTY COMMISSIONERS
related articles

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
issue
MADISON COUNTY / RUBY RIVER RULING
IMPORTANT CLARIFICATION OF STREAM ACCESS
related articles


Public Land/Water Access Association Inc. or PLWA, is a citizen group organized and operated under the Montana nonprofit corporation act.

TERMS OF USE
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.
     
      PLWA.ORG   -   Public Land & Water Association