Oped: Is stream access law doomed?
From an opinion by former state Rep. Diane Rice, of Harrison, appearing in today’s Montana Standard:
Is stream access doomed? That is the question sportsmen are whispering across Big Sky Country, as a special interest group pushes a bridge access case it lost through the state appellate court.
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In a rare 9-0 decision in PPL v. Montana, SCOTUS summarily struck down the legal theory Montana used to assert rights in streambeds. What’s more, it reasserted a bright line rule that the original stream access cases dismissed: Montana can’t assert ownership-type control over streambeds it doesn’t own — period.