Shouldn't have said stream access, it's more of who owns the stream bottom in rivers determined to navigable; e.g. in states like Wyoming and Colorado (and many others), the landowner also controls the riverbed so fishermen can float & fish private water but not touch bottom (there are some places, like portions of the Jackson River in VA, where even that is in dispute/ongoing litigation).Originally Posted by ScottP
Like I said, the 2 cases are different and I appreciate the detail you provided, but I was just trying to make the point that the US Supreme Court has intervened before (and recently) against the state regarding ownership of the stream bottom and navigability, keys to defining what water is available to the fisherman under Montana's enlightened stream access law
Businessmen like Kennedy and Schwab didn't get where they are by taking "No" for an answer; I'm sure Kennedy has appeals lined up out the door if the Montana Supreme court decides against him (2 months, I think, for a decision).
Regards,
Scott
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