Via the Montana TU -
HB 309, Rep. Jeff Wellborn (R-Dillon). Radically changes Montana stream access laws so that natural channels modified in part by irrigation structures, or whose flows are augmented by water returned by irrigation, would be defined as “ditches,” and thus off limits to recreation without permission. FWP and MTU analysis indicates this would kick the public off hundreds of miles of streams long used by anglers and other recreationists. The bill is especially unnecessary because stream access law already says it is illegal to recreate on bona fide private irrigation ditches. Passed the House 57-43. Now in Senate Ag Committee on Tuesday March 8th, this is the last chance for public comment so come and let the Senate know this bill is unnecessary. .
SB 344, Sen. Jason Priest (R-Red Lodge). Requires state and local government to reimburse people for alleged “takings” of private property when they claim, using sketchy evidence, that regulations or ordinances have reduced the value of real or personal property by more than 10 percent. This means ordinances aimed at protecting community values (such as zoning cannabis stores away from schools), regulations for fish and wildlife (such as hoot owl restrictions or even the permitting of fish ponds), or permit conditions that reduce water or air pollution from gravel pits or mines, could result in either: degraded neighborhoods and the environment; or costly, taxpayer payoffs to polluters. A similar measure passed in Oregon resulted almost immediately in 7,000 claims totaling $20 billion. Tabled in Senate Judiciary Committee. May it be buried forever.
SB 347, Sen. Bob Lake (R-Hamilton). Very similar in specifics and effects to SB 344. Another disastrous “takings” bill that ignores community welfare, locally led land-use planning efforts and environmental protection. Passed the Senate 42-8, but amended to take out the most harmful language. On to the House.
SB 317, Sen. Chas Vincent (R-Libby). Completely eviscerates the Montana Environmental Policy Act, by rewriting it so that regulated industries control the bedrock Montana statute requiring state agencies to analyze and disclose the adverse effect of state-permitted activities, such as mining, gravel pits, power plants or location of utility lines. Passed Senate slightly amended, 27-23. On to House.
SB 233, Sen. Jim Keane (D-Butte). Also eviscerates the Montana Environmental Policy Act by basically giving permitted industries veto power when state agencies try to reduce impacts of permitted activities, like mines, gravel pits, power plants or construction of utility lines. Also reduces the ability of court’s to remedy environmental damages essentially making MEPA review a voluntary procedure. Passed Senate slightly amended, 30-20. On to House.
SB 306, Sen. Terry Murphy (R-Clancy). Creates a loophole in the state’s ban on new open-pit, cyanide-leach mines – which was affirmed twice by public vote – so that new open pit mines with low grade ore could potentially open in places like the Rock Creek and Blackfoot watersheds simply by shipping their ore to grandfathered leaching centers. Passed Senate slightly amended, but still awful, 29-21. On to House.
HB 433, Rep. Gerald Bennett (R-Libby). Allows developers to exploit so-called “exempt wells” to gain unlimited access to groundwater, without it being reviewed for its effect on senior water rights or connected surface water in streams. Defeated on floor 67-32. Could be resurrected as interim “study” bill.
HB 454, Rep. Pat Connell (R-Darby). Requires that 20 percent of the wildlife areas owned by Fish, Wildlife and Parks be managed for “multiple uses,” defined as logging, mining and other development. This would result in habitat loss as well as the federal government reducing its contributions to FWP’s land purchase and fish and wildlife management programs by $20 million –almost one-fourth of the agency’s annual budget. Tabled in Committee.
SB 312, Sen. Chas Vincent (R-Libby). Revises law for permitting of mines so that mining companies can veto permit stipulations that are developed by Department of Environmental Quality to protect water, fish and wildlife. Passed Senate 32-18. On to House.
SB 301. Sen. Rick Ripley (R-Wolf Creek). Prohibits FWP from purchasing any property through 2015. Passed Senate 29-21, but amended so to affect only purchases exceeding 100 acres and $100,000, and through 2013. Still prohibits most conservation purchases for two years. On to House.
SB 303. Sen. John Brenden (R-Scobey). Prohibits net gain in land owned by the State, with the exception of small fishing access sites. Passed Senate 27-23.
HB 292. Dan Kennedy (R-Laurel). Puts a referendum on the general election ballot asking the public to diminish our constitutional right to a clean and healthful environment by adding it must also be “economically productive.” Passed House 63-32, now in Senate. This bill requires a total of 100 votes for it to be on the next ballot.
SB 356. Brad Hamlett (D-Great Falls). Prohibits interests from objecting in statewide water rights adjudication unless they have a water right. This bill is aimed at preventing Montana Trout Unlimited from having standing in the adjudication in the Big Hole drainage, where the MTU filed objections on water rights that were exaggerated and fabricated. The Montana Water Court rejected MTU’s standing, but MTU has asked the Supreme Court to rule. The bill is aimed at undermining the Supreme Court decision in the case. Passed Senate 30-20, but amended to abide by Supreme Court decision on Big Hole but would prevent TU or other parties from objecting in other basins. On to House.
CONTACT YOUR HOUSE AND SENATE MEMBERS AND TELL THEM TO OPPOSE THESE BILLS. YOU CAN LEAVE A MESSAGE FOR THEM AT THE CAPITOL AT 444-4800.
Contact Montana TU at 543-0054, or bruce@montanatu.org; or mark@montanatu.org.
Tags: Damn!
{ 4 comments }
Here’s a solution. You Montanans need to stop believing the BS that Republicans spew forth during campaign season and stop voting for them. They make up two thirds of the offensive bills. How is it that Republicans have the votes of so many outdoorsmen/women, yet Republicans do the most legislative damage to the environment. This phenomenon isn’t limited to MT. People who enjoy hunting and fishing need to research their candidates more instead of believing crap like “Democrats want to take your guns away.” It’s absolutely Orwellian the way that Republicans can say something often enough (even though it false) that people accept it as true. The Dems aren’t much better in that regard, but at least, for the most part, they protect the environment, and that environment is what protects fish and wildlife.
@ PilotX – appreciate the comment, though are finding that the red shirts and blue shirts are increasingly difficult to distinguish when you come right down to it.
Agree you need to understand who you’re voting for and hold their feet to the fire.
I just read HB 309 in its current form as posted on the State of MT website. Maybe I’m missing something in the legalese but I don’t see how the bill “radically changes Montana stream access laws.” I am a whitewater kayaker, so I am always concerned about river access issues, and I know my senator personally and will talk to him if I can see where the problem lies. Could you speak a little more in depth about your specific concerns about this bill so that I can better understand. Thanks
Mike, our concerns and those of others have to do with the horribly weak / ambiguous language in the bill. None of us here are attorneys, though smart ones like Bob Lane (see a link to his commentary in in posts today -7 March- as well as on the 17th of Feb) think the language has the potential to be disastrous for recreational interests. Our angle continues to be this – when legislators keep telling you that there’s no need to worry about what a bill says – it’s time to dig in deep and pay attention to the smallest of details. There’s far better language to protect ag’s interests here and not restrict sportsman’s access.