Montana Stream Access /HB 309 Update 7 March: The ‘Lorax and the Straw man’ Edition

by Mark on March 7, 2011

in Access

There must be something in the water in Dillon.

The same community that championed Rep. Welborn, the illustrious author of HB 309, also may proudly claim Montana Senator Debbie Barrett, the author of a 4 March ‘straw man’ attack on Montana TU in the Missoulian, with the article running again in the Montana Standard on the 6th.

First, a reminder about the straw man attack technique:

A straw man is a component of an argument and is an informal fallacy based on misrepresentation of an opponent’s position. To “attack a straw man” is to create the illusion of having refuted a proposition by substituting it with a superficially similar yet unequivalent proposition (the “straw man”), and refuting it, without ever having actually refuted the original position.

Senator Barrett, in an attempt to demonstrate either her literary prowess or an admirable sense of self directed irony, opens her missive Not Your Average Conservation Group with a reference to Dr. Seuss.

Remember the Dr. Seuss book, The Lorax? “I am the Lorax, I speak for the trees.”

Well, the Montana Legislature has its own version of the Lorax; Montana Trout Unlimited which professes to speak for moderate conservation-minded folks who like to fish. Trout Unlimited also professes to speak for sound water policy and senior water right holders in Montana, but the honest truth is that Trout Unlimited represents a very narrow and radical view on Montana’s water that helps no one but Trout Unlimited make a name for itself on the backs of Montana’s farms, ranches, and water users, relying on hyperbole and scare tactics to do it, and that’s just not right…

…House Bill 309 is another good example of Trout Unlimited staking out an extreme position to the detriment of Montana agriculture and other water users. House Bill 309 would confirm that Montana’s Stream Access Law does not provide recreational access to ditches and irrigation canals, but, rather, guarantees Montanans recreational access to the large number of natural streams and rivers that run through our great state. Trout Unlimited has been one of the most vocal opponents of House Bill 309, going so far as to stir up an unwarranted fear that House Bill 309 would prevent Montanans from accessing any stream where a rancher has a headgate. Simply put, Trout Unlimited’s contention is wrong and has no basis in fact. However, that hasn’t stopped Trout Unlimited from barreling forward in its efforts to stop what it perceives as a threat to its efforts to open every bit of water in Montana to recreation, regardless of the impact on agriculture or even fish, for that matter.

This session, the Montana Legislature has seen numerous instances where Trout Unlimited has pursued its agenda regardless of the actual facts. Trout Unlimited is far more than your average conservation group, just trying to speak for the fish. Trout Unlimited seems to be acting with little regard for fish and is more bent on negatively impacting Montana agriculture. This kind of agenda simply doesn’t work for Montana.

Words that come to mind after reading Ms. Barrett’s misdirected prose?

Astounding.  Shameful.  Dishonest.  Inflammatory.

Three responses come to mind after reading Ms. Barrett’s (aka Deb) ramblings.

First, while Deb does appear to be fairly adept at spewing (attempted) lofty rhetoric and misdirected attacks at Montana TU, she fails miserably when it comes to addressing the basic issues raised by HB 309.

In our simple minds those issues are legal / technical in nature.

Those specific issues being the legal concerns outlined by Bob Lane (FWP Chief Legal Counsel) which we’ve referenced on multiple occasions.  Read it here if you’ve not yet, and we’re printing a copy to send to Deb today with a copy of The Lorax.

Her argument would readily suggest that she hasn’t actually read The Lorax or Mr. Lane’s (and others) cogent opinions.

Second, while we clearly don’t speak for Montana TU, we have repeatedly noted that anglers we know and fish with critically respect the rights of Montana’s agricultural community and agree that irrigation systems are off limits to fly fishing and recreation.  Montana TU has repeatedly and pointedly made that point as well.

Some have suggested that Deb’s statement that MT TU and / or anglers are trying to ‘negatively impact Montana agriculture’ sounds much more like the rant of one well supported legislator grinding the ax for well heeled private land owners wishing to keep the great unwashed off their property.

Third, compare the tone of Deb’s rant with the tone expressed by John Youngberg, the Vice President of the  Montana Farm Bureau Federation that we shared last week here.

She does appear to have an ax to grind here and is willing to significantly alter the bounds of reality to do so.  Perhaps more level heads at the MFBF might want to rein her in a bit.

Reading her op-ed again leads one to wonder if Deb isn’t trying to turn a skirmish into a full scale war?  Comments offered in response on the newspaper sites suggests that Deb’s failing in her efforts to sway opinion (the Montana Standard link offers more reader commentary).

A grade for Deb’s effort?  D-.  Content counts, Deb.

Finally, don’t miss the rally tomorrow in Helena.

[Disclosure - we received an email today asking why we’re ‘carrying Montana TU’s water’ as the battle over HB 309 goes on.

We happen to think Montana TU has it right when it comes to HB 309, and for the most part we’ve liked their approach to tackling the issue from the get go.  If anything we’d like to see them be a bit more aggressive, though understand they’re working on many other issues besides HB 309.

In all honesty, none of us are Montana TU members;  I was years ago but got pissed over an issue at the national level and dropped my membership.  From my perspective, it’s time to ante up again. - Mark]

 

Tags: Access