A CASE WITH STATEWIDE IMPACT. In 2004 Mr. Kennedy, a major stockholder in the Cox Communications empire and owner of a ranch on the Ruby river, wired up access to the Ruby including electric fences. PLAAI organized a symbolic “float in” and brought suit against the Madison county commissioners and Mr. Kennedy to require the County Commissioners to stop Mr. Kennedy’s actions. Our lawsuit demands stream access at the bridges, its abutments, and the road right-of-way in compliance with Montana Attorney General Joe Mazurek's ruling of May 2000 . Mr. Kennedy has brought countersuit in the matter and a watershed case is in the making. The case, which has been postponed and postponed , will probably be heard in 2008 in the 5th District Circuit Court. If it goes to the Montana Supreme Court it probably will not be settled until 2010. PLAAI remains committed to this lawsuit . We are hoping the 2009 legislature will resolve this issue in a common sense approach similar to SB 78 which died in the Montana House of Representatives in 2007.

On July 25, 2008 District Judge Loren Tucker heard arguments for several hours in a pre-trial hearing.

Tucker indicated that a trial will be necessary to address issues involving one of the three roads in the case filed by the Public Lands Access Association. As he considers the other two, he wants more briefs from lawyers in the next few weeks.


( LEGAL COSTS FOR THIS CASE ARE SIGNIFICANT . IF YOU WOULD LIKE TO AIDE IN THIS VITAL EFFORT, SEE THE "DONATIONS" TAB ON THE LEFT. MARK YOUR CHECK FOR THE 'BRIDGE ACCESS LITIGATION FUND " . )

Acquistion of 3.74 acres along the Stillwater River north of Absarokee for a Fishing Access Site (FAS).
This is downstream from Absarokee just below Red Barn or Riverside bridge. PLAAI and PLAAI officers have been leading advocates for this project from it inception.

Funding for this acquisition has been completed through the Access Montana appropriations of the 2007 legislature and the Montana Fish and Wildlife Trust . A decision to move ahead with this project has been made by Gary Hammond, Rgional Supervisor of Fish Wildlife and Parks in Billings.

The property is proposed to be purchased through a combination of funding sources, including Access Montana ($410,000) and the Montana Fish and Wildlife Conservation Trust ($50,000).

Purchase of the Riverside Inn property will preserve a traditional, but contentious, access location at the old county bridge directly adjacent to the property, while providing for and helping to spread out public use of the Stillwater River. Further, acquisition of the property will help mitigate a long-standing problem of parking along the North Stillwater Road by river recreationists, which has created problems for local agricultural interests and other residents.

The acquisition of the acreage adjacent to the Stillwater River will provide the public with an additional recreational site under the management of FWP along this popular river. The site is strategically located below the mouth of Rosebud Creek and between the Absaroka FAS (2.4 miles upstream) and the Whitebird FAS (6.1 miles downstream). This site will provide anglers additional opportunity for bank fishing and an additional put-in or take-out area on the river.

Significant public comment on this proposal expressed support because of:
· the existing parking problems on the north Stillwater road;
· it’s strategic location below the mouth of Rosebud Creek;
· it’s contribution to the local economy of adjacent communities;
· it’s ability to alleviate pressure on other FAS on the Stillwater River;
· ;
· Bathroom facilities provided at the site will help alleviate trespass issues and reduce “potty stops” in front of cabins and homes.


The Montana Department of Transportation (MDOT) replaced the Riverside Bridge in 2004.
The new bridge affected a traditional location for access to the river. At the location of the original bridge, the general public could access the Stillwater River via land next to the bridge’s embankments. The design of the new bridge limits access to the river with no parking along the road’s margins and difficult physical access along the restricted right-of-way. The old bridge right of way on the north side was abandoned and the south side, although still part of the county road system, now ends at the river. Currently, the general public wanting to fish or float has very limited parking options that can at times cause safety hazards and conflicts with adjacent homeowners when driveways are blocked.

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Based on annual visitor statistics for similar fishing access sites along the Stillwater River (i.e. Fireman’s Point FAS), it is possible the new Riverside FAS could receive 20,000 visits a year.

PLAAI is not affiliated with any motorized access group or industry. Although we have in interest in reasonable access for all recreational users, we have significant concern about potential motorized abuse . It is often a major objection and obstacle to opening public land access.

The Boadle Road leading to Pishkin Reservoir , a Wildlife Management Area , and public lands beyond had been Illegally locked off by a private party claiming ownership. PLAAI brought suit based on testimony that gas tax money had been used for public maintenance of the road and that it had been used by the public continuously for many years. PLAAI won a court decision to get that road open. However, the landowner then went on down the road and blocked it again beyond the point not covered by the court decision . A subsequent District Court decision contended that PLAAI did not have standing at the second blocking location because the Bureau of Rec. held the easement - not PLAAI . The PLAAI law firm appealed that decision to the Montana Supreme Court and prevailed in early 2008. While this is a victory, it is far from over. The basic case of illegal closure now goes back to District Court.

In court cases the road is referred to as the “Sun River Slope Canal Road” . It is also referred to as Broadle Road.

This county road which extends northerly from the town site of Limestone, northwest of Nye, MT is now open for public travel. The last two miles which open thousands of acres of the Beartooth front and an extensive trail system, had been gated off by an adjoining landowner who attempted to control the road. After extensive negotiations and action by PLAAI and FWP, Stillwater County now acknowledges that it is a county road .

The road had fallen into disrepair and dropped off the county road system. Culverts were washed out and the road was impassable much of the year. PLAAI and other sporting groups , as a coalition with FWP and the Forest Service worked to rehabilitate the road and access. The County and FWP construction crews are repairing some of the worst spots and FWP has provided five cattle guards to replace the gates. Gary Hammond , Region 5 FWP Supervisor estimates FWP's contribution at around $9000. He also tells us the Forest Service will furnish two 48" circular culverts and possibly a third smaller one for the seep that crosses the road. If this occurs, we have all of the major materials, except for some gravel and fill. We now need to convince the County to go to work as soon as conditions allow.

Lodgepole road could be an example of how citizen perseverance and governmental interagency cooperation can get things done. (Updated as of 2-19-08)

Lily Pad and Crater lakes lie in a school section about one and a half miles off the West Rosebud road across from the Lazy EL ranch property.

Legal access is available across BLM land from the West Rosebud Road, but there is no trail and minimal parking. It is a real bushwhacking effort to find them. This route is the shortest and most scenic to the lakes as well as point to point day hiking/hunting when connected to the proposed Forest Service trail. A private party does have access to the (stocked) lakes from Fiddler creek on an improved non-public road. The Beartooth Backcountry Horsemen, in cooperation with the Forest Service would like to open other trails to the lakes from the South via Reeves lake along the West Rosebud road, and from the West starting in the Dean MT area via Island lake. PLAAI is fully supportive of this effort. The Backtcountry Horsemen have pledges of support from a variety of sources, but support by the BLM has been problematical. After a meeting in January of 2008, it now appears the major concerns expressed by the BLM Area Manager have been worked out and the agency will cooperate and assist the other partners to complete this project. This includes parking. Complete plans for parking along the County road have not been finalized and the final option has not been agreed upon.

Swimming Woman Road - Golden Valley County -
An out of state investor has announced his intention to buy the ranch through which this road runs if he can get the road closed or moved. The road is one of the few access points to a sizeable area of national forest area on the south side of the Big Snowy Mountains. A member has been doing some preliminary work on this and we understand there is nothing formal before the county commissioners at this time. However, the county attorney has been apprised of our concerns and is looking into road status and jurisdiction issues. We have also apprised them of the statute prohibiting closing of a road to public land unless another road provides substantially the same recreational access . Region 5 of MT FWP conducted an on site inspection and determined the road is still open to the public. The lessee indicated that the ranch sale is not complete, but iminent. FWP has offered to participate in any negotiations to relocate the road, so as to maintain access.

There are numerous islands on the Yellowstone River for which ownership is not clear. Initial research tells us some are being illegally claimed by private parties. Because of changes in the riverbed since the original meander surveys around the turn of the last century, ownership determination is best handled on a case by case basis . Our goal is to research all significant islands on the river, and determine public ownership. In addition we know many county and public roads leading to the river have been illegally closed . Each of these will require research and presentation to appropriate county commissioners.

While PlAAI is not directly involved in this issue, we have supported the Bitterroot River Protection Association both financially and sharing of information. The rich and famous have attempted to close off access to this water, claiming the slough belongs to them as they have made improvements and they want their private waters. The BRRA believe that the Mitchell Slough was, and remains a natural side channel of the Bitterroot that continues to branch from and return to the main stem of the river, and Jeff Hagener, FWP Director agrees. The Montana District Court found the Mitchell Slough is no longer a natural stream. If this decision would stay, the implications could be disastrous for our stream access. This case has been appealed to and heard by the Montana Surpreme court, but a decision is probably months away.

This is a designated but undeveloped county park located along the Yellowstone River somewhat southeast of Shepherd. (Sec 12 T2N, R27E ) Access is gated and padlocked but walking access allowed. FWP would like to develop a fishing access site at the location. Local area residents have the usual NIMBY arguments against such a plan and are proposing a Park Maintenance District. PLAAI believes that the park / FAS should be developed and operated like any other fishing access site and not be encumbered by any local agreements. The site is important as it is the only site on the north side of the river for approximatley 100 miles to the east of Billings . It is strategically located for river search and rescue operations as well as for water truck operations in event of large scale prairie fires. Road access to the river access here would also allow handicapped fishing.

Nearby homeowners are proposed a Park Maintenance District (similar to an "RSID") for purposes of maintenance of the park under their ostensible control. The proposed annual budget is $1130 for brush control and garbage pick up. ( No other details or plan available at this time. However, we wonder how much of a viable park could be maintained for $1130 per year )

A hearing on the PMD was held on December 18, 2007 in the Yellowstone County Commissioners Board Room . At the hearing, the PMD was approved by a 2 to 1 vote with Commissioners Reno and Ostlund voting yea and Kennedy voting ney .


We believe this is a shortsighted decision not in the interests of the county as a whole. PLAAI has long advocated a FWP managed Fishing Access Site at the location. In this regard, FWP is proposing a state funded FAS complete with a parking area, fencing to stop ORV abuse, a boat ramp, and management by a part time staffer (10PM closing ) . Capital and operating funds are available for this site.