Montana Stream Access Rally Reminds Us Not to Take it For Granted

Nearly 400 river stakeholders, including dozens of anglers, guides, and outfitters, gathered on October 2 at the Gallatin County Fairgrounds in Bozeman for the Montana Stream Access Rally. The event, hosted by Yellow Dog Flyfishing and sponsored by several top fly-fishing industry brands and non-profit organizations, brought together waterway stakeholders and potential legislators to address the protection of the Montana Stream Access Law of 1985.  

Montana Stream Access grew from the roots of the Federal Equal Footing Law and the Montana Constitution of 1972. It defines that all rivers and streams capable of recreational use may be used by the public up to the ordinary high-water mark without regard to the ownership of the land underlying the waters. 

For 40 years it has stood as a landmark piece of legislation widely believed to be the “best” and most permissive of such statues in the West. But, says rally organizer and Director of Operations/CEO of Yellowdog Flyfishing, Jim Klug, Montanans sometimes take stream access for granted. 

“We might assume it’s an untouchable law of the land,” said Klug. “The reality is that we’re one bad bill in the legislature or one damaging decision by the Montana Supreme Court away from having our access degraded or taken away. There are people hard at work to overturn the Stream Access Law of 1985.”

Klug says the Bozeman rally gathered those who care about river use and reminded them of the importance of vigilance, voting, and sounding off for their collective interest in the legislation. 

“If you truly value the waters where fish live and the places fishing takes us,” says Klug, “you need to speak up to protect our access to resources. The individuals and entities that threaten it are counting on our complacency, silence, and inaction, which means we better be paying attention and finding new ways to protect our fish and our waters. If you think access is not a big deal for anglers, compare what we have in Montana or Idaho to the situations in Wyoming or Colorado.”

The rally featured river-centric information booths, a chance to speak with candidates for state and federal office, live music, food, beer, and a panel of diverse speakers. 

The panel included legendary lawyer Jim Goetz, known for representing the Montana Coalition for Stream Access in two lawsuits that paved the way for passage of the Montana Stream Access Law of 1985. Describing to the rally audience the historic court proceeding, Goetz called it “an innovative approach to protecting our rivers,” and “a wild case.” He recalled the sweeping victory and adoption of the Public Trust Doctrine, and admitted that “without that Supreme Court we would not have won. And that makes our court races so important.” Panelists also included The Drake publisher Tom Bie, outfitter and guide Hilary Hutcheson, former Director of the Montana Office of Outdoor Recreation Rachel Schmidt, Montana Water Director for Trout Unlimited Patrick Byorth, and Executive Director of the Public Land Water Access Association Alex Leone. 

Leone says that while stream access may be settled law, it’s constantly being challenged.

“The last big threat from our perspective is the current state of affairs at Montana Fish, Wildlife and Parks. That agency has seen massive restructuring and huge turnover over the last four years. FWP is responsible for implementing and defending the Montana Stream Access Law and shepherding dozens of landowner access agreements.” 

Attending legislative candidates were Josh Seckinger (HD62), Scott Rosenzweig (HD57), Peter Strand (HD63), Esther Fishbaugh (HD 65), Jamie Isaly (HD58), Ben Alke (former state Attorney General candidate), Raph Graybill (former chief legal counsel to the governor and Lieutenant Governor candidate) and Ryan Busse (former Montana gubernatorial candidate). 

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