Fly Fishing Montana: How High's The River Mama?...

"Pretty Damn High and Risin'...

With the snow pack in the Big Hole watershed currently 145% of normal not many would argue this year's runoff might just reach record levels...Should you harbor such doubts consider just a few days ago, April 4th, the river was running at a benign 450 cfs or so...fishing great and promising to get only better in the upcoming days...Then it got warm. Suddenly the low snow started to melt and, surprise, surprise last night the river roared past 5000 cfs...Yes, it did drop slightly over night but with today's forecast of temperatures near or above 60 and strong winds...It would not surprise me to see it top 6000 before night fall...And remember this melt down is only the low elevation snow, which by the way, is considered only so, so as low snow pack goes...Hopefully once the low snow is gone, temperatures will remain on the cool side, the high elevation snow will come off slo-o-w-wly and good water and fishing will prevail straight thru to freeze-up...Keep your fingers and toes crossed and stay tuned for the latest...

Montana Fly Fishing: The Bridges of Madison County Saga...

...continues despite the Montana Supreme Court's denial of LORD KENNEDY's latest attempt to deny public access to all Montana rivers and streams but his very rich pals and cohorts. Will it ever end? I, for one, harbor grave doubts...

As you may recall, James Cox Kennedy requested a rehearing of the January Montana Supreme Court decision  in the Seyler Lane bridge case. This was the case which effectively settled the issue of stream access at prescriptive road bridges and reaffirmed the stream access law.  On March 6th the court found no merit in the legal  argument that it had retroactively overturned case law in regard to prescriptive easements and that it had overlooked  other significant arguments of Kennedy.  Here is the court order .

The Seventh Inning Stretch

The next step in the continued fight over stream access in Montana

By George Bauer

 If the Bridges of Madison County saga on the Ruby River was a baseball game then we would be at the seventh inning stretch.  This historic case was filed in 2004 and was finally heard after eight years of early inning maneuvering.  The score was PLWA - 2, Media Mogul - 0 when Kennedy was ordered to remove his "No Trespassing" signs from Duncan Road and Lewis Lane.   The ruling reinforced Montana's 2009 Bridge Access Law which says a public road right of way extends the full width of the road and over the bridge to a stream's high-water mark. That law, passed after much compromise between anglers and landowners to help gain public access to public waters, came on the third try and only after lots of hard work.

 Before the hearing the parties (PLWA v. Madison County) stipulated Seyler Lane was a public road right of way - it is one of the oldest roads in the state.  And yet District Judge Loren Tucker ruled there is a distinction between the public's right and the county's right to access the river.  Judge Tucker's ruling did not get to first base - it was thrown out by the Montana Supreme Court.  The January 2014 ruling stated the roadway could to be used by the public "for all foreseeable uses, including recreation."  The case was sent back to District Court with instructions to hear evidence on the width of the right-of-way.

And now, like a big league manager who didn't like the call at the plate, Kennedy  filed a petition for rehearing. This would have reopened the case  for further arguments on the grounds the court abandoned property law principals and converted Kennedy's private property to public land. The court denied the petition and in effect said  "Nonsense". The Supreme Court has never been eager to plow the same ground twice .

The Supreme Court took nearly a year to reach a decision this last time so it could be 2016 before the fat lady sings at the bottom of the ninth.

 Later this year another District Court will hear evidence of decades of public access to the Ruby from Seyler Lane and then could take months to issue a ruling.  Don't be surprised if Kennedy appeals, whatever the decision.

 Step up to the plate and take a swing at those who would rob the public of their access rights. Join PLWA or make and additional contribution. Let's keep on winning.

       

Montana Fly Fishing: Leave Spring Spawners Be

This morning it looks and feels a lot more winter-like than spring; a little too much winter-like for me to even think of actually going fishing but...Early spring is spawning time for rainbows, cutts and grayling. With weatherman promising spring starts next week, I, along with a bunch of you, will seriously consider kick starting the new season.

Spawning fish, as we all know, are easy pickings. Before run-off begins streams and creeks are running low and clear. Since spawning always takes place in shallow, well-aerated riffles the hardest part is usually the hike from the truck. Just about any fly, bait or lure drifted anywhere near an active spawning bed is likely to draw a strike. Good news for the lucky angler, not so hot for the already stressed and physically drained spawners.

While I believe strongly in leaving fish to spawn in peace (like would you enjoy being hooked in the jaw while, you know, spawning, I don't think so) it is not illegal. So, at the very least take care and DO NOT under any circumstance walk through a redd; whether or not you actually see fish in or around it, there are eggs in the gravel and once kicked loose, fish eggs do not do well. And please Do Not cast to actively spawning fish; ripe females almost always abort eggs during the ensuing fight and, from what I've seen, always abort what's left during the netting, handling, unhooking process.

In other words if you gotta fish in early spring, and I agree is almost un-American not to, why not check-out your favorite brown trout holes or better still check out one the many lakes and reservoirs where the large majority are hatchery plants and most of the spawning activity goes for naught anyway.