I am sorry that it affects you this way. We live on a place not much larger than yours, but with over 900 ft of Gallatin River frontage. We also have a firepit, picnic area, and a grandkid's tree house overlooking the river, but far enough back that there is a buffer space. There is a bench at the river's edge where I often sit in the summer enjoying a beverage and visiting with fishermen and women from all over the world. As a lifelong hunter and fisherman who has enjoyed and appreciated access, I have built my fence back from the riverbank so that fishermen can have an access trail where the streambed travel is problematic. I enjoy seeing people recreating and valuing the blessing of that river, so my attitude is somewhat different from yours. I understand if your patio is next to the river, then recreationists may be intrusive. If the stream access law becomes what it is in Montana, then you may have the tough decision of whether or not to move the patio. Anyhow, 'just another perspective.
A different state (Idaho) and a different time also and like you I owned river front property. A dream home, maybe not and it didn't have a BBQ pit or patio. But I enjoyed seeing fishermen along the stream enjoying themselves, especially the kids. High water mark or no high water mark, while I owned the property they were given unrestricted access. A disturbance of your peace and solitude?
Me too ... and because I'm in the floodway sometimes more than premium!:hump: Although I own to the middle of the river and a small island, my understanding is that the water belongs to the state. Although I am an advocate for private property rights, I also highly value public access rights and moreover, public access privileges to recreate. That is why as a hunter and fisherman, as well as a landowner, I will gladly allow such access.
But I would not want them BBQing in my backyard whenever feel like it. This case would open my property to public foot traffic. Imagine if you lived on a quiet cul-de-sac and your backyard was made accessible to anyone who wanted to walk through? I think you'd object too.
I do have neighbors on both sides of me. They own their property and pay their taxes, so they can BBQ as they please.
Here is something to consider if this case prevails. Who is going to pay for the loss of property value that will result in the change from private to public? If you consider the amount of compensation required statewide it would easily be in the millions, if not billions. Look at what river front land sells for along the Frying Pan, Blue, Animas, Yampa etc. I'm not wealthy by a long shot, my wife and I worked hard to carve out our little piece of heaven, but there are people with deep pockets who I believe will fight this. This may end up in the State Supreme Court. I'm hoping the current law prevails, but it would be nice to have this issue settled once and for all.
