The Public Trust Doctrine & Montana's Stream Access

by Kathryn QannaYahu

The following PDF documents below are the references found in the Endnotes of
The Public Trust Doctrine & Montana's Stream Access report.
I want the Public to be able to easily access these histories, law cases and resources for verification and to withstand scrutiny, to further defend our Public Trust and Montana's Stream Access.

If you would like to contribute to the many hours of research and compilation to make this available to the public, it would be greatly appreciated.

Click here to be a Contributor

 

Click on Cover for PDF Report

The Public Trust Doctrine & Montana's Stream Access is a history of the Public Trust Doctrine foundation to Montana's Stream Access. Contrary to what many may believe, Montana's stream access did not begin in the 1980's.

The history provided illustrates not only the older Public Trust Doctrine foundation, but also examines the present attacks, in Montana, by out-of-state dark money interests and local efforts to undermine the Public Trust Doctrine itself, as well as the grassroots hunting/angling conservationists that have long defended the public trust.

To ensure our Montana Stream Access is here to stay, we need to educate and equip ourselves with the Public Trust Doctrine, defending it against private, legislative and judicial attacks; diligently and tirelessly challenge each access violation, in order to preserve our world-class, “Best in the West”, Montana Stream Access, for future generations.

 

PDF References

Landlocked: Measuring Public Land Access in the West, Center For Western Priorities, (2013)

Act, Resolutions and Memorials of the Territory of Montana, passed by the First Legislative Assembly, Convened at Bannack, December 12, 1864, (1866)

1889 Constitution of the State of Montana (1889)

People v. New York & Staten Island Ferry Co., (January 16,1877)

Illinois Cent. R. Co. v. State of Illinois, United States Supreme Court, (1892)

Alec L v. McCarthy No. 14-405, Supreme Court of the United States, Amicus Curiae Brief of Law Professors in Support of Granting Writ of Certiorari, William H. Rogers, Jr., (University of Washington School of Law, 2014)

Gibson v. Kelly, Supreme Court of Montana, (February 26, 1895)

National Audubon Society v. Superior Court of Alpine County, Supreme Court of California, S.F. 24368, (February 17, 1983)

The Revised Codes of Montana of 1921 in Four Volumes, I. W., (1921)

The Revised Codes of Montana of 1935, Volume Two, (1936)

Laws, Resolutions and Memorials of the State of Montana, (1933) & Secretary of State HB 259 1933 filing compilation

Montana Constitutional Convention, Verbatim Transcript, March 1, 1972-March 9, 1972, Vol. V, (1981)

Montana Trout Unlimited, Amicus Curiae, In the Supreme Court of the State of Montana, Case No. DA 06-0520, (2006)

Montana Coalition for Stream Access v. Curran, No. 83-164, The Supreme Court of the State of Montana, (1984)

Montana Coalition for Stream Access v. Hildreth, No. 83-174, The Supreme Court of the State of Montana, (1984)

Enabling Act of 1889

HJR 36 Water Recreation Study Minutes, Joint Subcommittee No. 2, (July 30, 1984)

Environmental Quality Council Annual Report, Ninth Edition: Montana's Water, (December 31, 1984)

Montana Legislative History, HB 265, Chapter 599, L. (1985)

Lane, Robert N. The Remarkable Odyssey of Stream Access in Montana, Public Land and Resources Law Review: Vol. 36, Article 5, (2015)

Register of Civil Actions, District Court of the First Judicial District, Lewis and Clark County, Galt v. State, ADV- 85-565 and Montana Supreme Court, Galt v. State, No. 86-178, (1986)

Galt v. State, ADV- 85-565 and Montana Supreme Court, No. 86-178, (1986)

Minutes of the Meeting, Natural Resources Committee, Montana State Senate, SB 159, (February 11, 1987)

Minutes of the Meeting, Natural Resources Committee, Montana State Senate, SB 286, (February 18, 1987)

Madison v. Graham, 316 F.3d 867 (2002), United States Court of Appeals, Ninth Circuit, (2002)

Madison v. Graham, 538 U.S. 1058 Supreme Court of the United States, Certiorari to the United States Court f Appeals for the Ninth Circuit, (May 27, 2003)

Robbins, Jim, Rich Newcomers Closing the Wilds of Montana, The New York Times, (1999)

Tester, Sen. Jon, Wealthy Out-of-Staters and Montanans’ Access to Land, New West, (2007)

Public Policy Research Institute, Stream Access in Montana, covering the 20 years since the 1985 Stream Access Law, (May 2006)

Bitterroot River Protection and FWP, v. Bitterroot Conservation District, et al., DA 06-0520, The Supreme Court of the State of Montana, (2008)

Montana River Action publication, State of the State, Rivers, (Bozeman, MT, 2008)

Sportsmen's Groups, Amicus Curiae, In the Supreme Court of the State of Montana, Case No. DA 06-0520, (2006)

Montana Trout Unlimited, Amicus Curiae, In the Supreme Court of the State of Montana, Case No. DA 06-0520, (2006)

48 Op. Attorney General No 13, Mazurek (2000)

HB 190, 61st Legislature, Sponsor Representative Kendall Van Dyk (2009)

Minutes of the Meeting, Natural Resources Committee, Montana State Senate, HB 655, (March 13, 1989)

HB 626, 56th Legislature, Sponsor Representative Hal Harper, (1999)

Montana Fish & Wildlife Commission Meeting Minutes, No. 12 Petition to Restrict Commercial Outfitting on the Lower Boulder River, near Big Timber - Final, (April14, 2016)

HB 309, 62nd Legislature, Sponsors Rep. Jeff Welborn, Sen. Chas Vincent (2011)

Schoonen, Tony, Counterpoint: End of stream access?, Montana Standard, (March, 6, 2011)

Chaney, Rob, Anglers traveling to Helena to protest changes in Montana stream access law, The Missoulian, (March 7, 2011)

Fishing Outfitters Association of Montana, HB 309 Opposition Testimony, Robin Cunningham, (March 8, 2011)

United Property Owners of Montana, Amicus Curiae, In the Supreme Court of the State of Montana, Case No. DA 12-0312, (2012)

Property and Environment Research Center, Amicus Curiae, In the Supreme Court of the State of Montana, Case No. DA 12-0312, (2012)

Gevock, Nick, Property rights, conservation groups join Montana stream access lawsuit, The Missoulian, (Oct. 31, 2012)

Video of Montana Supreme Court Oral Argument (2014)

Public Lands Access Association, Inc. v. The Board of County Commissioners of Madison County, Supreme Court of the State of Montana, DA-12-0312, (2014)

Email/Letter from PLWA attorney, Devlan Geddes to Attorney General Tim Fox and Assistant Attorney General Matthew Cochenour, (August 28, 2014)

E. Donnall Thomas, Jr., A Rift Runs Through It, Fighting for access to the Ruby River, Outside Bozeman, (Fall 2015)

Public Lands Access Association, Inc. v. The Board of County Commissioners of Madison County, Montana Fifth Judicial District Court, Madison County, No. DV-29-04-43, Final Judgment, Findings of Fact, Conclusions of Law and Order Clarifying, (2016)

Juras, Kristen, Sydney F. Ansbacher, and Robert K. Lincoln, Stop the Beach Renourishment Stops Private Beachowners' Right to Exclude the Public, 12 Vt. J. Envtl. L. 43, The University of Montana School of Law, (2010)

Chaney, Rob, Juras, Sandefur trade jabs on same-sex marriage, stream access, The Missoulian, (Sept. 15, 2016)

Blumenthal, Paul, Two Of America’s Richest Men Secretly Tried To Sway Montana’s Judicial Elections, The Huffington Post, (May 10, 2016)

East Gallatin, LLC v. The Montana Department of Fish, Wildlife & Parks, Montana Eighteenth Judicial District Court, Gallatin County, No. DV-09-502C, (Feb. 1, 2013)

Department of Fish, Wildlife & Parks Recreation Site Easement and Grant of Custody of Land, County of Gallatin, 276336, Film 138, Page 2222, (Dec. 2, 1993)

Anderson, Terry, PERC, The insatiable thirst for access, Independent Record, (Sept. 1, 2016)

Screenshot of PERC as a Gianforte Grantee, from Gianforte's Website before the Grantee Page was removed.

Voices of Montana 3/31/2017 Interview with Sen. Fielder and Sen. Jedediah Hinkle on SB 236, short audio clip of Sen Hinkle audio on "green decoys”, (2017)

Sen. Fielder's email of Questions to FWP Commissioner Appointee Matthew Tourtlotte, (April 17, 2017)

MT Legislative Session Video Hearing Minutes, SR 45 FWP Director Confirmation, Martha Williams, (April 11, 2017)

MT Legislative Session Video Hearing Minutes, SR 64 FWP Commissioners Confirmation, (April 13, 2017)

Matthews v. Bay Head Improvement Ass'n, 95 N.J. 306, N.J. Supreme Court, (1984)

 

 

 

 

 

 

 

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