02-25-2009, 11:49 AM
[font "Verdana"][#ff0000]Growing up in Montana I learned from a friend's dad the rules and etiquette that applied to fishing public water on private land in Montana. We would walk in the stream or keep below the high water line. We would leave the stream and stay immediately on the shoreline around obstacles such as deadfall or steep undercut banks that put the water deeper than our chest. Being 11 years old and in a hurry to get to the next good hole I didn't always follow those rules exactly all the time, to which I was taught to respect the landowner and gained an appreciation for them. [/#ff0000][/font]
[font "Verdana"][#ff0000]One day we walked up a knee-deep stream no bigger than a neighborhood sidewalk in the upper reaches of the Bighorn in some high prairie rangeland. A half mile up I found a hidden beaver dam in a tangle of willows full of remarkable native fish that I am sure had not seen a fisherman since Sacagawea or the last time a Grizzly bear wandered through. I had forgotten a stringer or creel; but no problem, I was wearing bib overalls. By the time I left I had fish tails sticking out of every pocket of those bibs headed for the smoker. The system worked well.[/#ff0000][/font]
[font "Verdana"][#ff0000]Another time we were hiking out of the Rattlesnake Range down Grant Creek northeast of Missoula on a terrific fishing trip and came to the private land border. You could walk down the creek to the public road bridge and get back to town that way except someone had (illegally) strung chicken wire and barbwire across the stream blocking this access. We diverted around it onto a private dirt road for about 150 feet and were met with an ignorant toothless recluse pointing a shotgun and cursing threats. [/#ff0000][/font][font "Verdana"][#ff0000]I think he must have been a friend with the unabomber. [/#ff0000][/font]
[font "Verdana"][#ff0000]Respect needs to go both ways. [/#ff0000][/font][font "Verdana"][#ff0000]In Montana the (people) state owns the water and waterbed. In Utah the (people) state own the water but the waterbed can be private land. In Utah the Supreme Court ruled that the public could "incidentally" touch this private land streambed while on public water but only by state statue not constitutional right. That means another law can be passed to change it and "compromise" or deny access to public water (HB187). In my mind many Utah landowners have used fear and intimidation and now the legislature to unfairly monopolize public resources because of the "proximity" of these resources to their land. [/#ff0000][/font]
[font "Verdana"][#ff0000]The system can work here but respect runs both ways. Even if the public corridor is no wider than a neighborhood sidewalk through private land it is still public property and shouldn't be exclusive to private interests. If you haven't gotten involved with this yet by contacting your government representatives, do it now or chances are you may loose it -
day for Utah. Let's take care of this HB187.[/#ff0000][/font]
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[font "Verdana"][#ff0000]One day we walked up a knee-deep stream no bigger than a neighborhood sidewalk in the upper reaches of the Bighorn in some high prairie rangeland. A half mile up I found a hidden beaver dam in a tangle of willows full of remarkable native fish that I am sure had not seen a fisherman since Sacagawea or the last time a Grizzly bear wandered through. I had forgotten a stringer or creel; but no problem, I was wearing bib overalls. By the time I left I had fish tails sticking out of every pocket of those bibs headed for the smoker. The system worked well.[/#ff0000][/font]
[font "Verdana"][#ff0000]Another time we were hiking out of the Rattlesnake Range down Grant Creek northeast of Missoula on a terrific fishing trip and came to the private land border. You could walk down the creek to the public road bridge and get back to town that way except someone had (illegally) strung chicken wire and barbwire across the stream blocking this access. We diverted around it onto a private dirt road for about 150 feet and were met with an ignorant toothless recluse pointing a shotgun and cursing threats. [/#ff0000][/font][font "Verdana"][#ff0000]I think he must have been a friend with the unabomber. [/#ff0000][/font]
[font "Verdana"][#ff0000]Respect needs to go both ways. [/#ff0000][/font][font "Verdana"][#ff0000]In Montana the (people) state owns the water and waterbed. In Utah the (people) state own the water but the waterbed can be private land. In Utah the Supreme Court ruled that the public could "incidentally" touch this private land streambed while on public water but only by state statue not constitutional right. That means another law can be passed to change it and "compromise" or deny access to public water (HB187). In my mind many Utah landowners have used fear and intimidation and now the legislature to unfairly monopolize public resources because of the "proximity" of these resources to their land. [/#ff0000][/font]
[font "Verdana"][#ff0000]The system can work here but respect runs both ways. Even if the public corridor is no wider than a neighborhood sidewalk through private land it is still public property and shouldn't be exclusive to private interests. If you haven't gotten involved with this yet by contacting your government representatives, do it now or chances are you may loose it -
day for Utah. Let's take care of this HB187.[/#ff0000][/font] [font "Verdana"][#ff0000][/#ff0000][/font]
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