Montana Stream Access Law (flaw)

Here is the definition of the Montana Stream Access law from Montana, Fish, Wildlife & Parks (brief):

Under the Montana Stream Access Law, the public may use rivers and streams for recreational purposes up to the ordinary high-water mark.

The law states that rivers and streams capable of recreational use may be so used by the public regardless of streambed ownership.

While fishing on the Flathead River this weekend we encountered the reality, two instances of private land owners blocking or obstructing access to water below the high water mark. The one pictured below also had a culvert pipe built into it which is also a violation of the Soil and Conservation Districts laws.

The second was a developer that built a fence across a fishing access ramp that was supposed to be included as part of a sale. I’ll get to that one a little later.