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Old 04-22-2013, 10:04 AM
long bow long bow is offline
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Join Date: Dec 2012
Location: Great Falls, Montana
Posts: 122
long bow will become famous soon enough
Default Re: Barb wired fence running across Odell spring creek in Ennis Montana

Here is your classic example of the "yes and depends."

If the landowner owns the river bed, then they can fence across the river for purposes of land use or for showing land ownership (navigable vs. non navigable river test). This is the really tough part b/c we can float so many rivers in MT that have the river bottom owned by LO ranchers. But they have to do so that does not interfere with the public's use of the surface, which is why you see a lot of those fences with the barbless wire on the bottom line (raft goes under). Otherwise the land owner would have to provide a portage around the fence. Also, a landowner doesn't owe a duty to those recreating on the water's surface besides misconduct.

Is your question about the fence being posted on the river?
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