Update to the Stream Access Law from Jan 22nd

The only surviving bridge-access bill won the support of its most vocal critic in a House vote Monday, but several Southwest Montana lawmakers made up the extreme minority voting against the bill.

House Bill 190, sponsored by Rep. Kendall Van Dyk, was approved 95-5 in the House and will presumably be sent to the Senate after a final vote by representatives.

The bill seeks to put into law a Madison County judge’s ruling that people can access Montana rivers from most county bridges and puts into place a state enforcer to ensure that access.

The Montana Cattlemen’s Association, The Montana Farm Bureau, Trout Unlimited and many other groups are supporting the bill. Critics, however, say HB190 eliminates local control of bridges and could compromise private property rights.

The bill has proven to be one of the highest profile of the session thus far. One lobbyist even formed a lighthearted betting pool on what Monday’s House vote would be. HB190 makes the Montana Department of Fish, Wildlife and Parks responsible for resolving conflicts. The Montana Association of Counties supports the bill as is.

Three of the five representatives who voted against the bill hail from Southwest Montana, home of the most popular fishing destinations in the state. Reps. Scott Sales and Gordon Vance, both Bozeman Republicans, joined Joel Boniek, R-Livingston in opposing the bill. Reps. Scott Mendenhall, a Clancy Republican and Lee Randall, R-Broadus, also opposed the bill. Sales, the House minority leader, said after the vote that Montana already has “tremendous access” and that this bill could enhance it “at the cost of property rights.” However, he may change his vote during the third reading of the bill, he said.Vance and Boniek both said they opposed the bill because they prefer counties oversee bridge access.