Page 60 - Flathead Beacon // 1.22.13

98

60 | JANUARY 29, 2014
OUTDOORS FLATHEADBEACON.COM

OUT OF BOUNDS Rob Breeding

Montana Rifraf Win Again

B
Y NOW YOU’VE PROBABLY down on the Ruby. If not for the eforts of
heard, the most recent attack on citizens groups who fought long, costly

Montana’s Stream Access Law legal battles, the “No Trespassing” signs
has been tossed out by the state Supreme might still be up.
Court. It’s still safe to plan on ishing The anti-access zealots view Mon-
your favorite river this summer.
tana’s Stream Access Law the way the
This time the battle was down on the good elves and hobbits of Middle Earth
Ruby River in southwest Montana. The regard Sauron. For these types, folks
basic contours of the ight have become loating or ishing a river is a manifesta-

clich́: a wealthy out-of-state landowner tion of all that is evil in the world. Check
buys a piece of Montana along one of the the website of a group called the “United
state’s magniicent rivers and decides Property Owners of Montana,” which
they don’t like all the rifraf (that’s you has characterized defeat on the Ruby as
MINUTE
and me) loating downstream. Up go the an opportunity to get the Stream Access
“No Trespassing” signs and of to the Law to the U.S. Supreme Court on ap-
courtroom we go.
peal. There they envision this abomina-
In this case, the landowner decided tion will be overturned forever.

that the right-of-ways along the roads I split my time between Montana
that cross the Ruby, and where the rif- and Wyoming these days, so I have some
MUSIC raf accessed the stream, weren’t really idea what the Treasure State would look
right-of-ways at all. Instead, they were like if the anti-access forces get their
sort of “suggestions” that the landowner wish. Say you want to loat the Flathead
got to modify as he saw it. In this case River from Teakettle to Pressentine.
the modiications were that once the Well, you still could if Wyoming law was

public road easement reached the river, applied to Montana, but you wouldn’t be
it narrowed from 60 feet to the width of able to stop on the bank for shore lunch.
the pavement. Electric fences were in- And neither would you be able to drop
stalled to block access at the crossings.
anchor, or hop out of the boat to wade
Unless you were willing to jump ish a run.
MARATHONS
from the bridge to reach the water, you Things would be much worse for
were trespassing, at least as far as the folks who can’t aford a raft or boat. They
anti-access brigade saw things.
would be limited to wading no farther

There’s a word for what happened than the boundaries of the access site.
on the Ruby, and the earlier anti-access The anti-access forces see a future PM
battle on Mitchell Slough down in the where it will be diicult, if not impossi- AM AND 4
Bitterroot, and that word is “takings.” ble, for average folk to ish the Flathead AT 9
Any Montanan who has attended a pub- River and say, “Let’s make that happen.
lic meeting in the last few decades is fa- That’s the future we want for Montana.”
miliar with the phrase. The “takings” The ights on Mitchell Slough and
charge is usually pinned on folks work-
the Ruby River were always about more
ing for the government who are suggest- than just access to those, in some ways,
ing some new legislation or regulations inconsequential streams. The ight was
that others consider an infringement on about protecting an ideal, an ideal en-
property rights.
shrined in the constitution of Montana
But on the Ruby and Bitterroot it was that rivers are resources — similar to
individuals doing the taking, and what ish and wildlife — owned by no one and
they were taking was the constitutional managed for the public (the owners, in a

right Montanans have to loat and wade sense) by the state.
the navigable waterways of the state be- It’s called the Public Trust Doctrine,
tween the high water marks. That public and it is under constant assault. For
right was denied for more than a decade there are some who will never abide the
on the Bitterroot, and nearly as long
rifraf having too much freedom.

FLOORS INSTALLED WITH PRIDE
So you’ll be proud!

Most homes with fresh wood looring command
a better resale price. Invest in quality.

Install Sand Finish or we rent professional
looring machines and have the commercial
products and advice to help the do-it yourselfer.

Call to book your looring upgrade today!

Larry Alton, Eagle Woodworking 755-4770 shop 212-8235 mobile
Decades of experience, hundreds of local happy customers.