Montana Supreme Court Reverses Ruling on Stream Access in Montana


The Montana Supreme Court yesterday reversed a lower courts decision on the Kennedy/Cox case that’s been ongoing for a number of years regarding stream access for public and private use and upholds a law that’s been in place since 1985.

“Kennedy has offered no convincing reason to disrupt what has long been settled constitutional law in Montana,” Justice Mike Wheat wrote for the court.

Read more in the Billings Gazette.


1 Comment

  1. Good job Montana Supreme Court! It’s unreal how many land owners along waterways think that they own the waterway too. To become a state you must abide by the “Public Trust Doctrine” which clearly states that all waterways are in the public trust and must be forever. Can’t be changed. That is federal law and it’s in your state constitution. But greedy local landowners have so corrupted some local law (Colorado, Wyoming and elsewhere) that people think they own and can close off what is our public heritage right! Federal law supports that waterways must remain public up to the normal high water mark. Walking, floating, fishing, guiding, camping and so on can all be done by individuals in any state waterways. But with illegal, contrary, local laws in place, we are going to have to go state by state and reclaim what has been lost. I’m glad Montana reaffirmed a basic right we have in this country to use our waterways. Lets use it as a pattern for other states and keep up the momentum!

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