The Missouri, the Clark’s Fork, and the Madison

[Rip Tide]

Plain English Issue: To determine whether a river is navigable, does a court look at whether the river is navigable now or instead whether it was navigable when the state joined the Union.

Argument preview: In the footsteps of Lewis and Clark : SCOTUSblog

On December 7, the Court will hear argument in PPL Montana, LLC v. Montana. The case is one for history buffs. The question is whether the state of Montana holds title to portions of three riverbeds in the state. The parties agree that the relevant legal test is historical: were the river segments in question part of a waterway that was “navigable in fact” when Montana became a state in 1889? Prominent among the many bits of historical evidence cited are the journals of Meriwether Lewis and William Clark, who explored the rivers in 1805 on their famous expedition.

[dean_mt]

This is an interesting case, with implications. Surprisingly, I didn't hear anything about it until a couple days ago.

It could determine if PPL has to pay back rent on all their dams. But I wonder what it could do to our stream access laws, if the court decides that the river bottom is private property. I haven't heard that brought up yet. Anyone know anything about this?

[mcnerney]

Originally Posted by dean_mt

This is an interesting case, with implications. Surprisingly, I didn't hear anything about it until a couple days ago.

It could determine if PPL has to pay back rent on all their dams. But I wonder what it could do to our stream access laws, if the court decides that the river bottom is private property. I haven't heard that brought up yet. Anyone know anything about this?

Dean: Good question, it will be interesting how the Supreme Court rules on this. I sure hope they don't decide that the river bottom is private property.

Larry

[slabster]

the supreme court has already ruled that the stream bottom is public property, this would have to overturn that ruling and all the hell they went through prior to figure that out. I would be shocked, pissed and probably move if they did that

[FlyFlinger2421]

Where would you move to? Certainly not Colorado. The bottom of our streams is owned by the landowners!

[Rip Tide]

the latest
Oral Arguments: When Does a River Become Navigable? | MidCurrent

[mcnerney]

Originally Posted by FlyFlinger2421

Where would you move to? Certainly not Colorado. The bottom of our streams is owned by the landowners!

Same sad deal here in Wyoming!