Montana Stream Access Law

Favorable posted county road bridge crossing on East Gallatin River near Belgrade, MT

The Montana Stream Access Law says that anglers, floaters and other recreationists in Montana have full use of most natural waterways between the high-water marks for fishing and floating, along with swimming and other river or stream-related activities. In 1984, the Montana Supreme Court held that the streambed of any river or stream that has the capability to be used for recreation can be accessed by the public regardless of whether the river is navigable or who owns the streambed property.[1][2] On January 16, 2014, the Montana Supreme Court, in a lawsuit filed by the Public Land/Water Access Association over access via county bridges on the Ruby river in Madison County, Montana reaffirmed the Montana Stream Access Law and the public's right to access rivers in Montana from public easements.[3]

  1. ^ Montana Code Annotated 2013; Title 23, Parks, Recreation, Sports and Gambling; Chapter 2, Recreation; Part 3. Recreational Use of Streams
  2. ^ Stream Access in Montana Archived 2009-03-10 at the Wayback Machine
  3. ^ David v. Goliath. "Resounding Victory In Montana Supreme Court". Public Lands/Water Access Association. Retrieved 2014-03-20.