Tuesday March 8th is the big day in Helena. Senate hearings start up and on the agenda is Montana Stream Access HB 309, the “ditch” bill. Stream access supporters will be gathering to tar and feather the representatives supporting the bill voice opposition to this bill. The Rally will start at 2 PM, in the Old Supreme Court Chambers in the Capital Building in Helena.
The dust has settled a bit over the last week or so since the bill made it through the house and onto the senate floor. Askaboutflyfishing.com was good enough to donate some of it’s air time on Wednesday evenings show to put a quick spotlight on HB 309 and posting a link off their site to find out more about putting this bill down.
On the opposite side of the ditch issue we hear from Rep. Debby Barrett (R) from Dillon on Montana TU’s opposition to HB 309, Barrett refers to the TU as Dr. Suess’ Lorax, “I am the Lorax, I speak for the trees” and (Trout Unlimited) “professes to speak for sound water policy and senior water right holders in Montana, but the honest truth is that Trout Unlimited represents a very narrow and radical view on Montana’s water that helps no one but Trout Unlimited make a name for itself”. Hmm, narrow and radical view. Sounds like pot calling the kettle black. If Montana TU is a narrow minded bunch of radicals, what does that make the Montana Farm Bureau, the Senate Ag committee, Huey L. and Charles S.? The voices of open democracy?
Embarrassingly enough, here’s a guest commentary from the local Flathead Beacon from some of our local representatives who are supporting HB 309. As far as I can tell they manage to ignore the fact that current Montana Stream Access already prohibits access to irrigation ditches and the whole argument for redefining ditches is because someone didn’t like the current definition, even after the Montana Supreme Court ruled that their particular ditch was in fact not a ditch but a part of the river.
These representatives continue to support HB309 which at its heart, is based on a single instance of a couple wealthy landowners coming into conflict with Montana stream access law that have repeatedly had their case thrown out of the courts and they want it changed for their own personal reasons, they want to win at the cost of eroding the rights to stream access for everyone else. Here’s a basic outline of what these representatives say “this bill simply clarifies “ (from Public Land and Water Access Association).
LaVerne Sultz of Kalispell, breaks the bat in his response letter to the collective representatives commentary. Way to knock it out of the park LaVerne!
Their is no legal premise for this bill to even exist based on current Montana stream access laws and previous local court rulings right on up to the Montana Supreme court. Representatives supporting this bill are not only ignoring and manipulating the courts they are ignoring and attempting to erode Montana stream access laws, laws that Montanan’s voted for, laws that gives all Montanan’s (not just a select few) and the people who come to our state the right to river and stream access.
All one has to do is look around at most of the states in this country and certainly our surrounding states to see what happens when heavy handed lawmakers decide to favor special interests in public access issues. Public access goes the same way the water does, down the river.
“Concentrated power has always been the enemy of liberty.”
Ronald Reagan
Representatives who authored the Flathead Beacon guest commentary: Republican Reps. Keith Regier, Steve Lavin, Bill Beck, Scott Reichner, Mark Blasdel and Randy Brodehl.
Remember them the next time you vote for representatives!
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