DOJ: News Release

Stream Access Secure: U.S. Supreme Court Declines Review of Access Case

HELENA — The United States Supreme Court Tuesday denied a request to review a case involving Montana’s 1985 stream access law.

The 1985 law permitted recreational use of Montana streams up to the waterways’ high-water marks.

In May 2000, a group of private landowners challenged the law in U.S. District Court, claiming a denial of their due process rights. U.S. District Court Judge Charles Lovell dismissed those claims and in 2002, the Ninth Circuit Court of the United States upheld Lovell’s order.

“I’m glad this issue is finally put to rest,” Montana Attorney General Mike McGrath said. “It is good news for all anglers in Montana.”

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