Your Turn

Our rivers and streams and public access to them are sacred to all Montanans. Opponents to the Bridge Access bill, SB78, primarily the Montana Stockgrowers Association, are grabbing at anything they can in attempting to confuse legislators, by claiming that SB78 is an anti-landowner rights bill. Here are three examples of their misinformation.

On Feb 23, a letter from the president of the Montana Stockgrowers Association inaccurately attacked Fish, Wildlife and Parks. The letter accused FWP of misguided approaches dealing with public access and SB78, the bill's drafting and other efforts to expand access under the Montana Stream Access Law to other "type(s) of water" and to diminish private property rights.

Nothing could be further from the truth.

The drafting of SB78 initiated by Montana Wildlife Federation and Trout Unlimited took a different approach than a bill the MSGA helped kill in 2005. SB78 is the result of an across-the-aisle, sincere and good faith effort to resolve the issues including the concerns of county commissions, the ability ranchers to fence to bridges to control livestock and, who will pay for any access mechanisms.

Additionally, if there were any problems with fencing or access -- the 310 permitting process for arbitration that is so well liked by landowners is also included. MWF and TU only consulted with FWP on legal matters.

FWP, MWF and TU are very sensitive to the agreement that led to the Stream Access Law and has no intention of not honoring the agreements. In addition, the drafters have never had any intention, as the article indicated, of attempting to diminish private property rights or expand public access to new types of waterways. In fact, drafters never even considered this type of great conspiracy that is now being fabricated by MSGA.

On a March 1, Bozeman radio talk show Rep Milburn said that the attorney general's bridge access opinion allowing public access at county bridges and their rights-of-ways was ONLY applicable to three bridges.

He also stated this to the House FWP committee that he chairs when he introduced his failed bill, HB642. This is not accurate.

The 1998 formal request and supporting information submitted to the AG office by FWP only used three bridges where problems have reoccurred, as samples.

A release from former FWP director Pat Graham states, "An Attorney General's opinion would help resolve the controversy by giving direction to enforcement officers and the county attorney. It would help prevent direct confrontations and preserve the peace."

Graham said, "Such an opinion would have state-wide application and guide wardens, sheriffs, and county attorneys throughout the state."

Third, a memo attacking SB78 by John Bloomquist lobbyist for MSGA says that the bill was rewritten with so many amendments by the Senate Fish and Game Committee that the bill was unworkable coming into the committee. Exactly the opposite is true. The majority of the amendments contained in SB78 are the result of hours of partnership building by MWF and TU. For example, drafters reached across the democrat versus republican divide to gain the support of Sen. Joe Balyeat, R-Bozeman.

Likewise, MWF and TU also worked closely with the Montana Association of Counties to ensure that very specific language addressed their concerns was included.

The numerous amendments in SB78 are not a sign of weakness. To the contrary, they are a sign that MWF and TU were willing to include bipartisan language and to reach a compromise that benefits both ranchers and rcreationists alike.

And, this is the way our legislative process is supposed to work.

Stream access at bridges is a meat-and-potatoes idea that all 300,000 Montanans who fish and float our rivers understand. SB78 deserves a fair debate on the House floor -- not just in the committee or in a subcommittee.

What is needed is accurate information and respect for the will of the people and a fair debate on the floor! Legislators should not be hoodwinked again by the Montana Stockgrowers Association.

Montanans will understand that a vote for SB 78 supports our rights to access our rivers, and a vote against SB78 is a vote against the people of Montana.

Stan Frasier is president of the Helena Hunters & Anglers Association.