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  1. #1
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    Default The Missouri, the Clark’s Fork, and the Madison

    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.
    The simpler the outfit, the more skill it takes to manage it, and the more pleasure one gets in his achievements.” --- Horace Kephart

  2. #2
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    Default Re: The Missouri, the Clark’s Fork, and the Madison

    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?

  3. #3
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    Default Re: The Missouri, the Clark’s Fork, and the Madison

    Quote Originally Posted by dean_mt View Post
    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
    Larry


  4. #4

    Default Re: The Missouri, the Clark’s Fork, and the Madison

    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

  5. #5

    Default Re: The Missouri, the Clark’s Fork, and the Madison

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

  6. #6
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    Default Re: The Missouri, the Clark’s Fork, and the Madison

    The simpler the outfit, the more skill it takes to manage it, and the more pleasure one gets in his achievements.” --- Horace Kephart

  7. #7
    Join Date
    Mar 2008
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    Default Re: The Missouri, the Clark’s Fork, and the Madison

    Quote Originally Posted by FlyFlinger2421 View Post
    Where would you move to? Certainly not Colorado. The bottom of our streams is owned by the landowners!
    Same sad deal here in Wyoming!
    Larry


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