On this ‘day after the vote’ to table HB 309, the now infamous ‘ditch bill’, a few thoughts and a suggestion.
A hearty thanks and congrats to those who love and appreciate Montana’s waterways and her fly fishing legacy. Without a tremendous outpouring from every day folks from around the state and country (and a few friends from other countries around the world) yesterday’s vote probably wouldn’t have happened.
Many different organizations had a dog in this hunt as well, though (at least from where we’re sitting in the cheap seats) Montana TU and FOAM (Fishing Outfitters Association of Montana) seem to have rallied their respective memberships to create a formidable army.
(We don’t know about you guys and gals, but we’re going to pony up for memberships in both organizations. Assaults on Montana’s rivers likely aren’t over, and there’s strength and clout in roll-up-your-sleeves-and-get-er-done organizations like these.)
Buy your buddies a beer and go fishing this week; damn the forecast. You’ve / we’ve earned some time on our accessible waters. Read some early press here and here.
That said, HB 309 may yet not be fully dead, buried and gone.
From FOAM yesterday evening -
FOAM members: House Bill 309, the ‘ditch’ bill, was tabled in the Senate Ag committee this afternoon. Amendments were offered to strip the bill of any mention of redefining what is a ditch and related access issues and to update the Stream Access law to reflect corrections from the so-called ‘Galt Decision’ from the Montana Supreme Court. Even while considering these wholesale amendments, committee members were wary that a stripped-down HB309 could be amended back to the original language in the House or in a conference committee formed to iron out any and all amendments from both the Senate and the House. With this possibility in mind, Sen. Taylor Brown moved to withdraw the amendments and table the bill. The committee voted 8 for tabling, 3 against. Sen. Brown may try to have the House suspend their rules barring introduction of any new bills at this late date and try to cobble up a committee bill to bring forward the Galt Decision language in a new bill, but the chances of an unused bill draft being available and the House suspending their rules to allow it’s introduction are sketchy. FOAM will track the final throes of HB309, but today’s committee action may well be the end of this saga.
From Mark Aagenes, Montana TU’s go to guy on the ground in Helena (via email yesterday) -
THIS ISSUE IS NOT DEAD; they are already talking about ways to bring this back to life.
As our friend Dwight from Bozeman emailed yesterday – we’ll believe it’s all finished when this legislative session is gaveled to a final close on the 21st of April.
We’ll be watching to see if 309 rises from the grave in the next four weeks or so.
Finally, a suggestion to head off the next round in what shouldn’t become a water access war.
It’s crystal clear that there are good folks, working folks, our neighbors and friends in the agricultural and livestock community that have some very legitimate, heartfelt concerns about hybrid irrigation systems and their accessibility to recreation.
We’d urge the fly fishing community to take the lead in cobbling together some type of working group to collaboratively address the issues at hand and fix what needs to be fixed.
We have a gut feeling that the overwhelming majority of fly fishers in Montana agree with our friends in the ag community about cornerstone access issues; if there’s refinement in the law to be done, let’s do it collaboratively, openly and fairly for all involved.
There are lots of folks out there who still believe that 309 was a ‘revenge bill’ driven by big money in the Bitterroot; we’ll probably never really know. If it’s true, to hell with those guys.
It’s much more critical that we address the concerns of our neighbors and friends in the ag community. We can do it around a table somewhere or eventually in a courtroom.
That said, thanks again to all those who helped fight this fight. Enjoy the fact that sometimes the right things happen and the good guys win. Go fish. Have another beer.
Tags: Access
