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The Fight for Water Rights E-mail
Written by By GWEN FLORIO   
Thursday, 12 April 2007

 

 I know that in Florida we have had the water rights fight. I have seen it all over the country. Is it something you know about?

 
   


Stream access push not dead yet

HELENA — The intent of a bill to guarantee stream access, which died during a long and bitter committee hearing last week, came back to life Wednesday with a few strokes of Gov. Brian Schweitzer's pen.

The governor used a process called amendatory veto to insert the stream-access provision into a short, straightforward bill removing a cap on funding for repairs to county bridges and roads. Schweitzer changed the bill to specify that the money could be used only on bridges that provide access to rivers and streams.

"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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