Creation of Common Property Spells Uncertain Future for Montana's Wetlands

In two recent decisions, the Montana Supreme Court held that the public has a right to use for recreational purposes those state waterways capable of recreational use, up to the ordinary high water mark. During its 1985 session, the Montana legislature passed stream access legislation which provides that rivers and streams capable of recreational use may be so used by the public regardless of streambed ownership and that certain activities require landowner permission.