House approves bridge access bill, sends to governor

by State Bureau

A bill clarifying state law on public access to certain rivers and streams from county roads and bridges is headed to Gov. Brian Schweitzer for his expected signature.

In a final vote, the House Monday accepted Senate amendments to House Bill 190, by Rep. Kendall Van Dyk, D-Billings. The vote was 96-3. The Senate previously approved the amended bill on a 48-2 vote.

“This is a great day for sportsmen and women across Montana,” Van Dyk said in a statement afterward. “This law will keep fishermen out of the courtroom and on the river where we belong.”

Although Schweitzer’s policy is to not say whether he will sign or veto legislation until studying the final version of a bill, he is expected to sign HB190. The administration has been very supportive of the stream-access legislation, said Sarah Elliott, Schweitzer’s spokeswoman.

Last week, Schweitzer all but endorsed HB190. Schweitzer said the Legislature, with Van Dyk’s bipartisan work, passed a stream-access bill “that works for anglers, hunters, ranchers and landowners.”
The bill, he said, “will protect our Montana tradition of public access to our world-class blue ribbon trout streams and lets out of state landowners know that in Montana our streams and rivers are not for sale.”

HB190 was worked out through a series of meetings and compromises by sportsmen and landowner groups over the past two years.

The Senate Fish and Game Committee added provisions to address some liability and prescription easement concerns raised by landowner groups. Van Dyk and sportsmen groups agreed to the changes.

HB190 resolves questions related to a 2000 Montana attorney general’s opinion. That ruling found that using a county road as access point from one public right-of-way, such as a road, to another public right-of-way, such as a stream or river, is consistent with the public’s right to travel on county roads.

HB190 provides that people may gain access to state waterways for recreational use by using a public bridge, right-of-way or abutment and a county road right-of-way.

Van Dyk’s HB190 is the first access bill to pass the Montana legislature in 24 years. “This was a tough mountain to climb, but we did it by bringing everyone to the table and checking partisanship at the door,” Van Dyk said.