Posted: Jan 10, 2011 3:58 PM by Mark Holyoak (KPAX News)
Updated: Jan 11, 2011 9:57 AM
HELENA - Some Montana agricultural groups want lawmakers to clarify what makes an irrigation ditch and how that relates to Montana's stream access law.
The Great Falls Tribune reports the Montana Rural Family Irrigators (MRFI) coalition is seeking the clarification in response to the 2008 Montana Supreme Court decision that ruled Mitchell Slough in the Bitterroot Valley is a natural stream.
That decision means those who wade or float the slough can do so below the high-water mark even if it passes through private property, although they cannot wander on to private property.
MRFI spokesperson Kathy Johnson said the goal of the proposed measure is to "fulfil the promise" of the 1985 stream access law by ensuring private irrigation ditches are not considered public waterways.
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