Details of Stream Access
The core law creating the Montana Streambed Access law began with Article IX, section 3 of the 1972 Montana Constitution, which addressed state ownership of Montana waters. In 1984 in Montana Coalition for Stream Access, Inc. v. Curran, the Montana Supreme Court held that “under the public trust doctrine and the 1972 Montana Constitution, any surface waters that are capable of recreational use may be so used by the public without regard to streambed ownership or navigability for nonrecreational purposes.” This decision was expanded upon in the same year by Mont. Coalition for Stream Access, Inc. v. Hildreth. Both cases noted that stream access did not imply that the public had a right to cross private lands to access streams. Following Curran and Hildreth, the Montana Legislature enacted the Stream Access Law in 1985. An Attorney General's opinion added trapping to the list of permissible recreational uses.
Read more about this topic: Montana Stream Access Law
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