Montana Stream Access: A Thing of Beauty
If you’re fishing in Montana, you need to know your rights as a fisherman. The Constitution of the State of Montana is awesome. Its preamble is without question the most beautiful piece of boring legislative writing out there, and it literally lists “the right to a clean and healthful environment” as the first of several inalienable rights.
In 1984, the Montana Supreme Court ruled that any river (or stream) that has the capability to be used for recreation (e.g. fishing, swimming, floating), can be used by the public regardless of who the owner of the streambed is. This means that if some rich jerk buys up a bunch of riverfront property and puts up hunter-orange “NO TRESPASSING” signs on every tree, you can still fish that river as long as you access it legally and stay within what’s called the “ordinary high water mark.”[1],[2]
Unfortunately, there are lots of great Montana trout waters shielded by private property with “NO TRESPASSING” signs and fishing accesses that are few and far between or non-existent. If you can’t first get permission to cross private land (seriously, take the time to figure out who owns the land and call them up to ask – I’ve never been told “no” for fishing – hunting is a different beast), or can’t figure out who owns the land or a way to contact them, you can always use a bridge as an access point to a river.
I can’t stress enough how great the bridge access rule is. This one piece of knowledge has led to more amazing Montana fishing than any tip or trick overheard in a local fly shop. It’s the reason I keep my old rod, a box full of used flies and some river shoes in my car at all times.
[1] The line that water impresses on land by covering it for sufficient periods to cause physical characteristics that distinguish the area below the line from the area above it. If a river or stream has a man-made or natural obstruction, you can legally climb above the high water mark to get around the obstruction “in the least intrusive way possible.”
[2] I suggest you post up right in front of the cabin overlooking the water, put your fly-rod in between your legs and make several ceremonial thrusts while the rich guy watches; then proceed to catch a couple hook-jawed trout before you blow-up the spot with several well-placed river rock splashes.
About the Author
J. Strong Smith Hunter, Trapper, Fur Trader, Fisherman, Trailblazer, Cartographer, Explorer of the Rocky Mountains, and Montana Mint Contributor
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