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Spring Creeks - Access

No Different

Spring creeks are natural water bodies just like any other stream or river and therefore fall under the Montana stream access law. The only thing that makes them at all different is the nature of spring creeks themselves. Many springs creek originate on private land, are of fairly short length, and flow entirely though private land until their confluence with a main stem stream or river. As a result the only public access may be by entering the spring creek at its confluence with a river or stream by someone who is legally on that stream or river.

Also a typical spring creek has a constant flow, at least until there is a tributary entering the spring creek. As a result the ordinary high water mark, which is the upper limit for stream access, is the same as the low water mark. As a consequence, anglers must wade in the spring creek to stay below the high water mark and avoid trespassing on private land.

Access is also possible at county and state road crossings, from riparian public land, or from private land where the angler has the permission of the private land owner. Once the angler has legally accessed a spring creek, he or she can wade up or down the spring creek to fish just like on any other stream.


related articles

Ruby River Stream Access Victory
( 07/01/2016 )   7/1/2016PLWA, once again, has been victorious in the battle for the public's stream access on the Ruby River, from the Seyler Lane Bridge, likely the original stagecoach route from Salt Lake City, north to Virginia City and Helena.It has been over a decade that PLWA (formerly known as PLAAI) has been involved in a lawsuit over public access to the Ruby River from Seyler Lane and the Seyler Bridge, a public prescriptive easement right-of-way in Madison County.

"Dark Money" Brought to Light
( 07/01/2016 )   The June-July, Newscasts section of Fly Fisherman reported on the recent investigation by Montana's Commissioner of Political Practices, Jonathan Motl, into a dark money campaign that could overturn Montana's Stream Access.Fly Fisherman recounted the Montana Growth Network's campaign contributions to District Judge Laurie McKinnon's run for our Montana Supreme Court.

public land issues

Seyler Lane Update
9/24/2015Seyler Bridge Easement - More Than Just RecreationUpdate - Kennedys attorney requested a postponement of the September 21 hearing.

Tenderfoot - Four Years and Counting
9/24/2015Tenderfoot Creek is a tributary of the Smith River, joining the Smith a mile or so north of Camp Baker.


    18 more public land issues



Public Land/Water Access Association Inc. or PLWA, is a citizen group organized and operated under the Montana nonprofit corporation act.

TERMS OF USE
Articles and Information on this site represent the opinion of the writer and are not intended as legal advice. Legal counsel may be needed in dealing with specific access situations and issues.
     
      PLWA.ORG   -   Public Land & Water Association