Are Irrigation Canals Public Access Points?

[Deez Nutz]

Take a fishing pole and you're fine.

False, unfortunately

 

[Deez Nutz]

@Deez Nutz you’re the second person I’ve heard say that about wading to an otherwise landlocked piece of public. But you’re allowed to take a boat down the same river and it’s legal to get to that landlocked piece? I’d love to argue that in court. If it’s a navigable river legal to public access via the high water mark, id love to see the language that says no wading only boating.

I was referring to streams that aren’t classified as “navigable” waters. If it is a “navigable” body of water you can legally access the public to hunt. If it is not “navigable”, it is still legal use the waterway if you stay below the high water mark, but only for water based activities. Gay, I know.

Any property directly adjacent to a navigable body of water is fair game to use for whatever the regs allow. But if it is not considered “navigable” then you are only allowed water based activities, and @BuzzH that doesn’t mean you can “fish” your way to a parcel, hunt for the day, and then “fish” your way back out. I’ve asked the governing agencies specifically that, multiple times concerning multiple different situations.

 

[BuzzH]

I was referring to streams that aren’t classified as “navigable” waters. If it is a “navigable” body of water you can legally access the public to hunt. If it is not “navigable”, it is still legal use the waterway if you stay below the high water mark, but only for water based activities. Gay, I know.

Any property directly adjacent to a navigable body of water is fair game to use for whatever the regs allow. But if it is not considered “navigable” then you are only allowed water based activities, and @BuzzH that doesn’t mean you can “fish” your way to a parcel, hunt for the day, and then “fish” your way back out. I’ve asked the governing agencies specifically that, multiple times concerning multiple different situations.

Whats the definition of navigable?

What statute violation would you be cited for violating?

 

[mtmuley]

Whats the definition of navigable?

This was fought out in the Root a long time ago. mtmuley

 

[BuzzH]

This was fought out in the Root a long time ago. mtmuley

Whats the definition?

 

[mtmuley]

Whats the definition?

You know what it is. mtmuley

 

[BuzzH]

You know what it is. And the ruling in this particular case is probably different. mtmuley

Show me where class 1 or 2 waters are exempt from being used to access public land that those waterways touch, I'm not seeing it.

23-2-302. Recreational use permitted -- limitations -- exceptions, MCA

mca.legmt.gov

 

[BuzzH]

I was referring to streams that aren’t classified as “navigable” waters. If it is a “navigable” body of water you can legally access the public to hunt. If it is not “navigable”, it is still legal use the waterway if you stay below the high water mark, but only for water based activities. Gay, I know.

Any property directly adjacent to a navigable body of water is fair game to use for whatever the regs allow. But if it is not considered “navigable” then you are only allowed water based activities, and @BuzzH that doesn’t mean you can “fish” your way to a parcel, hunt for the day, and then “fish” your way back out. I’ve asked the governing agencies specifically that, multiple times concerning multiple different situations.

What waterways are considered not navigable?

 

[Rack Daniels]

Like I said earlier, I was told it’s gotta have legal ingress and egress, such as watercraft or recreational access points.

 

[Deez Nutz]

Whats the definition of navigable?

What statute violation would you be cited for violating?

What Is The Definition Of A Navigable Waterway In Montana

For those who think it's easier to annoy you than to Google 'What is the definition of a navigable waterway in montana ' themselves.

letmegooglethat.com

 

[mtmuley]

Show me where class 1 or 2 waters are exempt from being used to access public land that those waterways touch, I'm not seeing it.

23-2-302. Recreational use permitted -- limitations -- exceptions, MCA

mca.legmt.gov

Yeah. The Mitchell thing doesn't really apply. My bad. mtmuley

 

[BuzzH]

Yeah. The Mitchell thing doesn't really apply. My bad. mtmuley

No, not at all...I'm just curious what waterways a person is able to fish that aren't class 1 or 2.

I think there's some miscommunication and I've not kept up with all the stream access stuff in Montana.

 

[BuzzH]

Like I said earlier, I was told it’s gotta have legal ingress and egress, such as watercraft or recreational access points.

Well no kidding that's been on the books since it passed. There was clarification on that in the case of the Ruby River and a few others where county roads crossed the river being legal access points.

I think the question asked is what waterways can't you use for accessing a parcel of public land to hunt big game. Unless I'm reading it wrong it would appear all class 1 and 2 can be used to access public land assuming legal access points getting on the river/stream.

 

[Rack Daniels]

Well no kidding that's been on the books since it passed. There was clarification on that in the case of the Ruby River and a few others where county roads crossed the river being legal access points.

I think the question asked is what waterways can't you use for accessing a parcel of public land to hunt big game. Unless I'm reading it wrong it would appear all class 1 and 2 can be used to access public land assuming legal access points getting on the river/stream.

That’s been my argument this whole thread! Ha!

However there was some jive about if you’re on a boat not touching the rocks underwater, it’s okay. But if you’re wading through the water, it’s not—regardless of your legal access point…