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Old 07-22-2010, 06:18 PM
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balboajohn is on a distinguished road
Default Re: I need a primer on Montana wading access laws

I am a little late on this subject, but

It is my understanding that access is Ok to the "Ordinary High Water Mark" which is different from "High Water Mark" (at least in my understanding). To me, High Water Mark is the highest the stream gets, which would be during run off.

Ordinary High Water Mark (as defined in Ravalli County, MT Subdivision Regulations) is "The point found on the streams which the presence and actions of waters are so common and ususal as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, or other easily recognizable characteristics".

I am not an attorney, but it has been explained to me, "access is below where vegetation grows." If my understanding is incorrect, please let me know (and appreciate the source).
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