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LC 357

Constitutional referendum to preserve stream access for the public

2025 Regular Session

Montana constitutional referendum to guarantee public stream access rights, balancing private property ownership against recreational and fishing access interests.

(LC) Draft Died in Process
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Bill Summary · LC 357

Legislative bill overview

LC 357 proposes a constitutional referendum that would preserve or establish public access rights to Montana's streams and waterways. The bill would require voter approval to amend Montana's constitution to protect stream access as a public right. This is a response to ongoing disputes between private landowners and the public over water access across privately-owned lands.

Why is this important

Stream access affects hunting, fishing, recreation, and water rights—economically and culturally significant activities in Montana. The constitutional approach represents an attempt to settle a long-standing legal and political conflict between property rights and public access rights. The outcome would have broad implications for how Montana balances private ownership with public use of natural resources.

Potential points of contention

  • Property rights vs. public access: Landowners argue constitutional protections for stream access infringe on their private property rights and ability to exclude trespassers, while access advocates argue waterways serve public interests
  • Implementation complexity: Defining which streams qualify, where access begins/ends, and liability for accidents would require significant clarification in subsequent legislation
  • Economic impacts on rural landowners: Agricultural and ranching operations could face increased foot traffic, liability exposure, and reduced privacy on their properties

Compiled from official sources — confirm details with the bill’s official record.

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