| Tuesday, 02 December 2008 | |
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Home Soap Box The Fight for Water Rights |
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Stream access push not dead yet
"We're going to provide public dollars for working on bridges that cross streams, and people have a constitutional right to access those streams. We couldn't violate people's constitutional rights," Schweitzer said. Rep. Mike Milburn, R-Cascade, said the governor's actions put Schweitzer at odds with landowners. "I'm very disappointed. I believe he is using his power for an end run on the legislative process. I believe it's not right," Milburn said. Milburn chairs the House Fish, Wildlife and Parks Committee, where the stream-access bill was tabled last week. That measure would have allowed landowners to attach fences to county bridges as long as there was a way for recreationists to get over or through those fences. But landowners testified that the bill would inevitably lead to anglers and other recreational users trespassing on private land in order to get to streams and rivers. Milburn said the issue was better handled on a case-by-case basis because most of the problems are caused by a few wealthy, out-of-state landowners who flout Montana's laws and tradition regarding access to streams and rivers. Mark Aagenes, conservation director for Trout Unlimited, which helped fashion the stream-access bill, said Wednesday that "I'm excited to see anything that moves (the issue) forward. "I commend the governor for trying to work on stream access," he added. The bill, as amended by Schweitzer, removes a $500,000 cap on county bridge and road repairs. The change must be approved by simple majorities in both the House and Senate before Schweitzer can sign the bill into law. Meanwhile, Milburn said he'll seek approval for a resolution that would send the stream-access issue to a study committee during the two-year interim before the 2009 legislative session.
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