Stream access law in the crosshairs

By NICK GEVOCK, Chronicle Staff Writer

VIRGINIA CITY -- Madison County commissioners' attempt at a compromise on stream access that would appease both anglers and landowners has landed the county in court for the second time in a month.

A sportsmen's group, the Public Lands/Water Access Association, Inc., has filed suit in Madison County District Court seeking to overturn a new county policy that allows landowners to get permits to attach fencing to county bridges.

The group wants that policy thrown out and Montana's stream access law enforced.

The policy was adopted in April after PLAAI members complained about barbed-wire and electric fencing that had been attached to county bridges on the Ruby River.

The policy requires sportsmen's groups pay for gates or stiles to make fence crossings and conduct public education campaigns to teach anglers about their responsibilities.

But that puts an unfair financial burden on sportsmen and ignores the fact that landowners are violating Montana law by attaching fences to county bridges, said Devlan Geddes, a Bozeman attorney representing PLAAI.

"The state of Montana has laws that prevent people from erecting encroachments on public highways, and public highways include the road and public rights of way," he said.

Commissioners, however, said this week they were miffed at the suit because PLAAI offered to pay for gates or stiles at a meeting in March.

All three commissioners said Wednesday they stand behind the policy, saying it was a reasonable compromise that allowed both ranchers to fence in livestock and anglers to get to streams.

"If you don't have the fence to the bridge, then you might as well not have a fence because the cattle can just walk right around and go through the bridge," Commissioner Frank Nelson said.

Geddes, however, said his clients had only offered to pay for a couple gates at bridges.

Furthermore, he said, the policy practically invites landowners to build fences right to bridges, which would force sportsmen to pay for dozens of gates and ultimately thwart public access.

"I would hate to see what the bill would be," Geddes said of gates. "It would basically bankrupt Public Lands Access Association."

The PLAAI lawsuit comes on the heels of a suit filed by James Kennedy, an Atlanta man who owns 3,200 acres in the Ruby Valley.

Kennedy alleged that the county's policy would essentially give anglers permission to trespass on his land, and amounts to a "taking."

Montana Attorney General Mike McGrath's office filed a motion last month to intervene on behalf of the county in the Kennedy case. Solicitor Brian Morris said the office saw the suit as an effort to chip away at Montana's stream access law.

"The bridges on county roads have been one of the main access points for Montanans wanting to recreate on our streams," he said. "If the court rules that you can block public access in Madison County, you'll see similar efforts in Gallatin County, Jefferson County and throughout the state."

Nick Gevock is at ngevock@dailychronicle.com

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