Quote Originally Posted by JohnScott View Post
It seems possible that the Montana Supreme Court would find that recreational access is not permitted at the presciptive easement crossing and that recreational access is permitted at the bridges on county roads.
Agreed; probably the likely outcome. Considering there used to be very, very limited access to the river, the 5 FWP sites below the dam, and the county road crossings provide fishermen the ability to get on a good bit of water. I guess those who are willing to pay to play can fish other stretches, too; this scenario is pretty popular down on the Red Rock River (another with very limited access and landowners who prefer to keep it that way) below Lima Dam, as well.
I do know that when I fish the Ruby, I keep to the streambed; too many instances of folks who thought they were below the high water mark being greeted by zealous landowners/ranch managers who are more than happy to show them the error of their way. Whether they were within the legal margin, the hassle just isn't worth it when there's so much other good water to fish (unless one is out to prove a point and enjoys the confrontation).