Bridge access bill clears Senate committee

By CHARLES S. JOHNSON

The bridge-access bill is headed to the Senate floor for debate after the Senate Fish and Game Committee approved amendments Thursday to address some liability and prescriptive easement concerns raised by some landowners.

The panel adopted a set of amendments previously agreed to by representatives of sportsmen and landowner groups and lawmakers that resolved some questions that arose in the committee’s hearing.

Then the Senate committee voted 7-2 for the amended version of House Bill 190, by Rep. Kendall Van Dyk, D-Billings. The lone dissenters were Sens. Joe Balyeat, R-Bozeman, and John Brenden, R-Scobey.

It will be debated by the full Senate in the coming days.

HB190 tries to clarify Montana law on public access to state rivers and streams from county roads and bridges. It declares that people may gain access to state waterways for recreational use by using a public bridge, a right-of-way or abutment and a county road right-of-way, Van Dyk said.

“Montana’s hunters and anglers have been asking for this for years,” Van Dyk said afterward. “I can say with some level of confidence that the finish line is in sight.”

HB190 seeks to end a dispute that erupted in 2000 when landowners in Madison County, including billionaire absentee landowner James Cox Kennedy, put fences on county bridges. Sportsmen contended these fences denied them their right to access to public streams and rivers under Montana law.

A bill to resolve the issue failed in 2007. At the urging of Rep. Mike Milburn, R-Cascade, groups representing sportsmen, ranchers, counties and others began working out their differences. The result of their negotiations helped produce HB190.

On Thursday, the Senate committee approved amendments addressing the liability and prescriptive easement isses.

One amendment says that a landowner who owns land next to a bridge crossing cannot be found liable for someone using the road right-of-way for access to a river or stream for recreational use “except for an act or omission that constitutes willful or wanton misconduct.”

The other change makes it clear that the bill doesn’t create any rights nor “extinguishes” any existing rights concerning “prescriptive road rights of way that existed at the time of passage.” These are easements counties acquire after years of traditional use without ever paying for them.

“This isn’t going to deal with prescriptive easements,” said Sen. Jim Shockley, R-Victor.

Shockley helped negotiate the deal with representatives of Montana Trout Unlimited, Montana Stockgrowers Association, the Department of Fish, Wildlife and Park, Sen. Jeff Essmann, R-Billings, and Van Dyk.

“This has been worked over by the parties, literally over and over, (and) rewritten,” Shockley said. “It’s my understanding all hands are on board.”

Balyeat unsuccessfully tried to amend the bill to assert in law that the bill was a delicate compromise and future legislative attempts to broaden it should be resisted.

Shockley resisted the amendment.

“I made a deal,” Shockley said. “I don’t want it messed with at all.”

At one point, Balyeat said the bill could be tough for the Senate Republican caucus to support without his amendments.

Replied Sen. Steve Gallus, D-Butte, a professional fishing guide: “I know I’m not supposed to be flippant, but I think I can guarantee 23 votes on the other side (Republicans).”

The Senate has 27 Republicans and 23 Democrats. Most Senate Democrats are expected to support the bill.

HB190 passed the House by 97-3 earlier this session.