Great news for River Access

[gso12]

http://www.kbzk.com/mobile/news/mt-justices-uphold-stream-access-ruling-in-ruby-river-case.    Some good news FYI

[missoulafish]

Every year we have to go through the when some out of state clowns think they know better. Kudos to the judge.

[MTwalleyehunter]

This was won by my good buddy Devlan Geddes at  Goetz, Baldwin and Geddes Law firm in Bozeman.  This was no ordinary every year fight.  This was a big one that went mostly under the radar.  And the biggest win for Sportsman in Montana in 30 years.   Devlan is one bad litigator.  Congrats Devlan and Thanks for your HUUUUUGE effort. 

[Htech77]

 

[chucknduck]

Great news. Now I need to find a few of these roads. This law is great it's a shame people are always trying to get rid of it.

[Cornbread]

I love this law. This is great news that it has been upheld again!

[adam_mcd]

 

[MT_btagger]

The best part is we got a 2-fer. Not only did it uphold the stream access law, but it further defined (in the public's favor) what defines a prescriptive easement. This will help stop those that are trying to close public roads on the front and block access to national forest as well.

Time to brew up a "Stream Access" stout and celebrate!

[jiggin4eyesmt]

Every time one of these rich sob's take their case to court we end up with better access,keep it up guys!

[GirthDaddy]

MTwalleyehunter-

Go buy your buddy Devlan a beer and cheers to a victory for sportsmen.

[JOLLY]

That is great news. Thanks for the update.

[whiptail]

One for the local here in the Flathead all the places I hunted and fished prior to the Navy are all leased or posted and even if you ask they refuse that is why I gave up wtr fowl hunting. in the Flathead.

[BourbonSnowCone]

"Stream Access Stout" sound like a pretty great beer name. I'd drink it just to spite jerks like James Cox Kennedy.

[BigSage]

I remember fishing that stretch of the Ruby in College and ALWAYS getting harassed by his people while fishing.  I would get my camera out to take pics of them harassing me and they would leave right away.  I knew I was ok, and they knew I was legal, but Cox just wanted his little piece of MT without letting Montanans use public land.  Screw that guy and the horse he rode in on.  Thanks for wasting taxpayer money, you big JERK!

[UncleFarm]

I went to High School in Sheridan and my folks still live outside of Twin. This Cox yayhoo has been being a jerk about this since the 80's. There was another guy named Reed Rosenthal who was even More despicable. His land was around Alder and he and his employees routinely deflated tires of fisherman parked perfectly legally, in addition to harassing fisherman as they waded. Some real doozies move here and think they get to do what they want because they have money. These are not reasonable local landowners with which sportsmen share a common interest in being stewards of the land and law-abiding citizens. They consider Montana just another acquisition. Luckily, as this ruling demonstrates, The Good Guys Win Again    And we usually will because that's what we do 

[MTHarpooner]

There was another guy named Reed Rosenthal who was even More despicable. His land was around Alder and he and his employees routinely deflated tires of fisherman parked perfectly legally, in addition to harassing fisherman as they waded.

Took the words right out of my mouth!!! My buddies and I were busted in '92 on a BS tresspass charge for fishing the Ruby at the bridge. The sheriff was frustrated, and told us that Reed had been calling them all the time about "people chasing his sheep" and he was going to stop coming out to bust them. Thankfully, a TU big wig was not only an attorney and friend, but professor at MSU (I was in grad school) in my department. All charges were tossed out against us and everyone else.

We went back, armed with handy copies of the Stream Access Law in our waders and fished it again. This time Reed sent his grandkid out on a dirtbike and he flattened the tires on my buddies truck. We caught him redheaded and this time the kid got busted. That Rosenthal guy was a diaper-load of the highest order. BTW, the fishing was unreal through his place. Almost worth the aggravation.

Another time in '92, I went in off a bridge on Cherry Creek, just up from where it dumps into the lower Madison. I was fishing my way up into the Flying D when a truck pulls up and a ranch hand pointed a rifle at me and told me to "Get off Mr. Turner's land." So I did. Lots of carpetbagging egomaniacs had major trouble adjusting to the Stream Access Law.

I think it's the greatest thing since sliced bread and if you want to see why it's so totally cool, go fish in Colorado. I had a game warden once explain how their laws work fishing the Frying Pan river in the winter. I was standing in the river at an approved access that was all of maybe 100 yards long. It was marked at either end with stakes. I caught a nice rainbow that stripped line downstream past the last stake. The game warden was watching me the whole time. I brought the fish back up and released him, then went to have a chat. He told me that when the FISH went past the stakes, it was officially on "private property" and I should've cut my line! He said that since I was from Montana, he'd let me off with a warning. I showed him the handy copy of our access law that I keep in my waders and he agreed that our law is awesome.

[BigSage]

I'm so tired of all of the big out of state money coming in, and trying to block off hunting and fishing access.  The "Pay to Play" thing is going to ruin our sport.  Leasing hunting and fishing rights is screwing the Blue Collar guy.  It' about impossible to find a place to hunt Whitetails in the Ruby Valley that isn't a Block Management spot over-run with hunters.  I hate seeing herds of a thousand elk on ranches like the one out of Drummond and the Schuett Ranch in Dillon.  They want the elk on their ranches so hunters can't get to them, and they can have their buddies come out to "HUNT", or charge thousands of dollars to shoot one.  Then they are asking the government for money because of crop and fence damage.  I don't like to use the word hate, but I HATE what fishing and hunting is turning into.  It seems like every year it's becoming more commercialized, more expensive and less productive.

[Buckshot86]

According to his wikipedia, Cox is a philanthropist and community outreach advocate....such a great guy....

Educational and Community Outreach[edit]

Recognized for his contributions to the community, James C. Kennedy and his wife Sarah were awarded the Philanthropists of the Year by the Greater Atlanta Chapter of the Association for Fund-raising Professionals in 2003. In 2004, he was inducted into Georgia State University’s J. Mack Robinson College of Business Hall of Fame.[8]
James C. Kennedy has also remained closely connected to his alma mater, the University of Denver. He has contributed to the University of Denver by serving as a member of DU’s Board of Trustees. In 2008, James C. Kennedy gave The University of Denver a ten million dollar gift to create the James C. Kennedy Institute for Educational Success in the Morgridge College of Education. The purpose of this institute is to identify innovative and cost-effective means for promoting and sustaining the educational success of vulnerable children.[9]
Considered to be a nature enthusiast, James C. Kennedy once served as Chairman of the Colorado Division of Wildlife Commission. He currently serves on the board of the PATH Foundation, previously served on the boards of Ducks Unlimited and Atlanta Committee for Progress, and is also a former president of Wetlands America Trust, Inc. In 2008, James C. Kennedy also established the James C. Kennedy Endowed Chair in Waterfowl and Wetlands Conservation in the Department of Wildlife & Fisheries of the College of Forest Resources at Mississippi State University. Kennedy’s gift sustains in perpetuity the teaching, research, and outreach program in waterfowl and wetlands ecology and conservation at MSU.[10]

[missoulafish]

Time to edit Wikipedia.

[MT_btagger]

Did one of y'all edit it? there is a right-of-way section. Still a little to flattering.

[UncleFarm]

I wish Montana was as easy to edit as Wikipedia!!! I can't get to where Sixteen Mile Creek flows into the MO anymore, thank you very much Ted Turner. Caught my personal best cutty there. And there is a cool old 30's car in the creek, around which you could always drift a fly or pull a spinner for good action. Stopping now, before I say something to hurt delicate sensibilities and get me tattled off to mods.

[SLIMMETT]

This is good news for river access.  We are fortunate to have large tracts of public land in Montana to hunt and fish.  Look for areas closed to motorized use, this usually translates to little or no pressure and a great outdoor experience.

[Wenger]

I wish Montana was as easy to edit as Wikipedia!!! I can't get to where Sixteen Mile Creek flows into the MO anymore, thank you very much Ted Turner. Caught my personal best cutty there. And there is a cool old 30's car in the creek, around which you could always drift a fly or pull a spinner for good action. Stopping now, before I say something to hurt delicate sensibilities and get me tattled off to mods.

As big a t*rd as he is, at least he does not try to rip the guts out of MT stream access laws. He owns the land, he can let who wants on it just I as do my yard. Fair play to him, he made his money. 

I'd not be surprised if once he kicks it a whole lot of land will be in conservation reserve and quite a bit of access will open up....an informed hunch.

[UncleFarm]

He doesn't own the spot I am referring to, just the route there. He can do what he wants with his yard, save gate the adjacent public sidewalk. It's another case of using one's land to block access to public land, which I don't mess with. If that is the way a person wants to be, fine. It's not like I don't have other places to fish. A guy ended up in pieces in a duffel bag on MacD pass for doing (to an extreme) what Mr. Turner is doing (at the spot I reference- I do know locals who can still fish Snowcrest, to be fair) so I don't go anywhere near disputed fences/gates, even when they are where they don't belong. If his land becomes a conservation reserve, awesome. If not, once again, it's not like there aren't more places to fish. Is he a philanthropist? Undeniably. More than I could ever even hope to be. x10 in fact. Does he (or even his property managers) pull some jerk-moves? Undeniably.

Cheers, Good Fishing