Montana Fish, Wildlife & Parks reminds Montanans planning camping, fishing and float trips to check the rules and regulations governing stream access. Montana’s 1985 Stream Access Law enables water-related recreation, including fishing, floating, swimming, and boating on rivers and streams even if they flow past private land—but only up to the ordinary high water mark.
With the passage of Montana’s bridge access law in 2009, FWP is working with landowners, counties and other agencies to provide safe and legal access to rivers and streams at bridges.
When waterways are running at full flow there may be no dry land available below the high water mark to walk on. Montana’s laws do not allow recreationists to enter private lands bordering streams or to cross private lands to access streams without permission.
“At high water, aside from being careful, recreationists should either avoid the area until water levels drop or get landowner permission to cross private land,” said Jim Kropp, FWP Enforcement Chief. Kropp said recreationists using bridge crossings for stream access must also be able to stay within the high-water mark during high flows and not cross private property.
Recreationists must ask for permission to use private land to access public waterways.
“Irrigation ditches are generally private property and no access is allowed without the permission of the landowner. But with a little advance planning, those wishing to use Montana’s streams have huge opportunities to float, fish or just enjoy,” Kropp said.
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