Speed Bump

RAMIFICATIONS TO FOLLOW

Champagne Flowing In Billings

fast & loose lost

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.. Yesterday the Supreme Court of the United states handed down a decision in the case of PPL Montana vs. State of Montana.
.. As of this moment Montana probably owns less river bottom than it thought. As of this moment there is great celebration in the PPL offices in Billings, Montana. As of this moment fly fishers and other recreational users of Montana's waters have some worries. As of this moment the courts in Montana have the herculean task of trying to be a bit more considered in their application of laws and precedents. As of this moment it seems that the law of the land has been changed regarding the definition of navigability. As of this moment there may be fewer rivers where access is legal because of the navigability precedent.
.. You can read all about the concerns:
-- MidCurrent - HERE,
-- Moldy Chum - HERE,
-- Chi Wulff - HERE,
-- FOAM - HERE,
-- LOGARCHISM -  HERE,
-- GOOGLE SEARCH -  HERE.
.. The legal stuff is also available:
-- Legal Planet - HERE,
-- Environmental Law Prof Blog - HERE,
-- Thomas Merrill - HERE,
-- Decision (PDF) - HERE.

.. So, Batman, what's it all mean? Well, as in many Supreme Court cases, the high court has criticized the lower courts for playing fast and loose with the law and remanded the case for correction.
.. Interestingly the test of ownership by navigability seems to have been glossed over by much of the post decision analysis. The test of navigability at the time of statehood could be a genuine ball buster if title and ownership questions arise about current water that was not in existence then. At present there is not a set precedent - YET.
.. Finally it also means that fly fishers have just one more thing to worry about on the river and stream access front. Consensus seems to be that the Montana stream access law is not in immanent danger - we'll see: especially if the state does not have title to currently navigable waters that did not exist at time of statehood, (think Mitchell Slough, think the re-arranged Ruby River, etc.)
.. We believe that the real import of this case will be felt for a long time. It takes no real genius to understand that "navigability," will be a concern in legal cases for several more decades and may really mean: PORTAGE THEN - PORTAGE NOW.  Now there's a can of wigglers for ya!

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Pinhole Fly

FLANGE FOCAL DISTANCE:  44mm

Subject Distance: 1 inch
[brief report]

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.. Not art, not clear and sharp, but we like the novelty of it all.
.. Got another 4" of wet snow last night.
.. Snow pack is now 120% of historical snow water content.
.. Gloomy weather leads to indoor entertainment.
.. The whole damn house is getting documented with pinhole photography. We'll not bore you with details. This shot makes pretty good wallpaper.

*******

.. Midges and giant streamers sighted in the environs of Craig, Montana. Get thee to the "Mighty MO."
.. Lower Gallatin River Canyon heating up like wildfire. No stonies reported but the fish are taking giant subsurface offerings.
.. The Madison River in the lowlands, where open, is seeing the first of the mayflies and squadrons of snow flies are permeating fisher folk's orifices. Might be a good time to visit.

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Are They Listening ?

SENATE COMMITTEE

HEARS FROM PUBLIC

Vote To Follow

we can say it no better.

 

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.. The shouting is over. Opponents of HB 309 caused headlines. The Montana Senate and The Governor should be listening.
.. The committee must now deliberate and vote. We're waiting. There are better reports from Helena, Montana than we can write. Read them below:

===> Report, WILL FISH FOR WORK,
===> Report, NBC MONTANA, (with video,)
===> First person report, THE HEADHUNTER,
===> Google search, Montana HB 309.
.. And that's the way it is.

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Lighting The Fires

LETTERS AND COMMENTS

Read 'Em & Smile

the statehouse is crackling
*************
RALLY IN HELENA TODAY: 2 PM

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.. It's not a firestorm yet but Montanans are coming alive in newspapers and in person.
.. Today is the Montana Senate hearing on HB 309. Shortly news of the results will be in the papers and on the Web. Audio and video will be available by tomorrow or the next day. T.V. will be the first to report it.
.. Live streaming video may be available. Click THIS PAGE now. We'll keep you informed. In the meantime check the following:

*******

===> Flathead Area Representatives for HB 309, read the comments in the FLATHEAD BEACON,
===> LaVerne Sultz Response, FLATHEAD BEACON,
===> T.U. Letter in BOZEMAN CHRONICLE,
===> The Lorax speaks:
..... Chi Wulff,
..... Missoulian, (Senator Barrett - Dillon,)
..... Montana Standard, (Senator Barrett - Dillon,)
===> NBC Montana, (poor summary,)
===> Trout Underground, (good reporting,)
===> Summary & call to arms; Will Fish For Work.
===> Call in the Cavalry !!! at Chi Wulff.

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Just Plain Scary

CLICK FOR INFORMATION

HB 309 Poop

do it now or forever hold your tongue

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.. Despite the outcry from fisher folk this obnoxious bill is trundling along like an out of control steamroller. Opponents of the bill have noted that the response from the interested public is "satisfactory."
.. "SATISFACTORY" is not what is needed! Words like 'enormous' and 'overwhelming' would be more to our liking.
.. Send a letter now. Make a telephone call now. Send an email now. This insidious push to remove  access to the public-owned waters of Montana will continue if the response is only "satisfactory."
.. Below are listed some recent blog posts, news articles, and other information that will help you understand the issue. Also listed are a few key addresses for your use.

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==> Interview with Montana T.U. Conservation Director Mark Aegenes @ Chi Wulff.

==> Dirty Dozen threats to Montana's rivers and access still alive in the current legislative session @ Chi Wulff.

==> Ranchers Strike Back At Stream Access in The Flathead Beacon.

==> The debate in Helena: from KPAX.com.

==>Passage of the ditch bill from the Helena Independant Record.

==> Representative Welborn's rationale for sponsoring the bill and what the language "really" means. From his lips.

==> Post from The Shooting Head in Washington - good plan of action.

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.. Now that the senate has the bill we need to let the senators in Helena know our feelings. Provide them with the sane and rational reasons to defeat this bill. Here's a list:

.....

SD 01: Chas Vincent (R)
34 Paul Bunyan Lane
Libby, MT 59923

293-3839 / Cvvincent@hotmail.com

SD 02: Ryan Zinke (R)
409 West 2nd Street
 Whitefish, MT 59937

862-0823 / Ryanzinke@yahoo.com

SD 03: Bruce Tutvedt (R)
2335 West Valley Drive 
Kalispell, MT 59901

257-9732 / Tutvedt@montanasky.us

SD 04: Jon Sonju (R)
PO Box 2954
 Kalispell, MT 59903

270-7113 / Sonjumt@yahoo.com

SD 05: Verdell Jackson (R)
555 Wagner Ln
 Kalispell, MT 59901

756-8344 / vjack@centurytel.net

SD 06: Carmine Mowbray (R)
PO Box 1202 
Polson, MT 59860

883-4677 / clarity@cyberport.net

SD 07: Greg Hinkle (R)
5 Gable Road
 Thompson Falls, MT 59873

827-4645 / ccwhi@blackfoot.net

SD 08: Shannon Augare (D)
PO Box 2031
 Browning, MT 59417

450-0020 / Shannonjaugare@aol.com

SD 09: Rick Ripley (R)
8920 Highway 200
 Wolf Creek, MT 59648

Ripleys@3rivers.net

SD 10: Bradley Hamlett (D)
PO Box 49 
Cascade, MT 59421

264-5885 / Wranglergallery@hotmail.com

SD 11: Anders Blewett (D)
PO Box 2807
 Great Falls, MT 59403

231-8618 / Anders.blewett@gmail.com

SD 12: Mitch Tropila (D)
PO Box 929 
Great Falls, MT 59403

899-3474 / tropila@mt.net

SD 13: Edward Buttrey (R)
27 Granite Hill Lane
 Great Falls, MT 59405

250-5103 / ebuttrey@cteq.com

SD 14: Llew Jones (R)
1102 4th Avenue South West
 Conrad, MT 59425

271-3104 / Lcjones@3rivers.net

SD 15: Jim Peterson (R)
1250 Buffalo Canyon Road
 Buffalo, MT 59418

374-2277 / jpranch@ttc-cmc.net

SD 16: Jonathan Windy Boy (D)
Box 269
 Box Elder, MT 59521

395-4718 / Windyboy_j@yahoo.com

SD 17: Rowlie Hutton (R)
2 Lila Drive
 Havre, MT 59501

hutton4senate@yahoo.com

SD 18: John Brenden (R)
PO Box 970
 Scobey, MT 59263

783-5394 / senatorbrenden@gmail.com

SD 19: Donald Steinbeisser (R)
11918 County Road 348 
Sidney, MT 59270

433-2187 / Donstein@midrivers.com

SD 20: Frederick Moore (R)
487 Signal Butte Road
 Miles City, MT 59301

234-3562 / elmoore@midrivers.com

SD 21: Sharon Peregoy (D)
PO Box 211 
Crow Agency, MT 59022

639-2198 / apsaalookewoman@yahoo.com

SD 22: Taylor Brown (R)
775 Squaw Creek Road
 Huntley, MT 59037

348-2070 / Taylor@northernbroadcasting.com

SD 23: Alan Olson (R)
18 Halfbreed Creek Rd 
Roundup, MT 59072

323-3341 / Ajolson@midrivers.com

SD 24: Kim Gillan (D)
750 Judicial Avenue
 Billings, MT 59105

248-6063 / Glonky@aol.com

SD 25: Kendall Van Dyk (D)
PO Box 441 
Billings, MT 59103

690-1728 / Kendallvandyk@gmail.com

SD 26: Lynda Moss (D)
552 Highland Park Drive 
Billings, MT
59102
252-7318 / Lyndamoss@imt.net

SD 27: Gary Branae (D)
415 Yellowstone Avenue 
Billings, MT 59101

245-2127 / Garybranae@gmail.com

SD 28: Jeff Essmann (R)
2101 Grand Ave #5 
Billings, MT 59108

259-8404 / Jeff@jeffessmann.com

SD 29: Edward Walker (R)
4221 Rimrock Road 
Billings, MT 59106

697-6967 / ewalker@edwalker2010.com

SD 30: Jason Priest (R)
PO Box 743
 Red Lodge, MT 59068

425-0674 / jason@priest2010.com

SD 31: Ron Arthun (R)
285 Shields River Road
 Wilsall, MT 59086

578-2340 / ronarthun@gmail.com

SD 32: Larry Jent (D)
506 East Babcock 
Bozeman, MT 59715

587-1210 / larry@imt.net

SD 33: Bob Hawks (D)
703 West Koch Street
 Bozeman, MT 59715

587-1403 / R_hawks@imt.net

SD 34: Joe Balyeat (R)
6909 Rising Eagle Road 
Bozeman, MT 59715

539-5547 / Joebalyeat@yahoo.com

SD 35: Art Wittich (R)
3116 Sourdough Road
 Bozeman, MT 59715

585-7418 / art@wittich4senate.com

SD 36: Debby Barrett (R)
18580 Highway 324 
Dillon, MT 59725

681-3177 / Grt3177@smtel.com

SD 37: Steven Gallus (D)
2319 Harvard Avenue 
Butte, MT 59701

494-3914 / Steve.gallus@gmail.com

SD 38: Jim Keane (D)
2131 Wall Street
 Butte, MT 59701

723-8378

SD 39: Terry Murphy (R)
893 Boulder Cut Off Road
 Cardwell, MT 59721

285-6937 / murphter5@yahoo.com

SD 40: Mary Caferro (D)
PO Box 1036 
Helena, MT 59624

443-4066 / Marycaferro@gmail.com

SD 41: Christine Kaufmann (D)
PO Box 1566
 Helena, MT 59624

439-0256 / Kaufmann@mt.net

SD 42: Dave Lewis (R)
5871 Collins Rd
 Helena, MT 59602

458-5511 / Davelewisd@aol.com

SD 43: Gene Vuckovich (D)
1205 West Third Street
 Anaconda, MT 59711

563-2313 / genev@q.com

SD 44: Bob Lake (R)
PO Box 2096 
Hamilton, MT 59840

363-4091 / Lakemill@montana.com

SD 45: Jim Shockley (R)
PO Box 608
Victor, MT 59875

642-6647

SD 46: Carol Williams (D)
3533 Lincoln Hills Point
 Missoula, MT 59802

728-8735 / Cwilliams@montanadsl.net

SD 47: Ron Erickson (D)
3250 Pattee Canyon Road
 Missoula, MT 59803

549-4671 / Nancron@aol.com

SD 48: Tom Facey (D)
418 Plymouth
 Missoula, MT 59801

728-6814 / facey_tom@hotmail.com

SD 49: Dave Wanzenried (D)
903 Sky Dr
 Missoula, MT 59804

543-2775 / daveew@gmail.com

SD 50: Cliff Larsen (D)
8925 LaValle Creek Road
 Missoula, MT 59808

728-1601 / Cliff@larsenusa.com

.............

.. If you need inspiration for a letter or email check out the one written by Wayne Mumford over at WILL FISH FOR WORK.

..........

.. Fishing and catching ends on the wade section of the Madison River today, (February 28, 2011.) It's time to let the fish cavort and indulge in sexual shenanigans. Only the section between the lakes is now open. With the return of a few sunny & warm, (20's,) days the midges should return with a vengeance. We'll let you know.

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Ex Post Facto

WATCH 'EM IN ACTION

The Reps On The Floor

and in committee
(P.S. snow for a few days)

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.. If you'd like to watch the public floor show that the Montana House of Representatives put on about HB 309 you can CLICK HERE. If you want to listen to it CLICK HERE.
.. Should you be interested enough to watch the Montana House of Representatives Agriculture Committee address this bill CLICK HERE. If you want to listen to it CLICK HERE. The committee session includes interested-party testimony.

.. These are long media clips provided by the State of Montana and should allow you to see the House of Representatives in action. The floor session is about 37 minutes long. The committee session is about 1 hour and 16 minutes long. [Requires RealPlayer.]
.. The first half of the committee session is given over to proponents of HB 309.
.. The time markers for opponents of the bill & of interest to fly fishers are:
==> Montana Wildlife Federation =  @ 25 minutes and 57 seconds,
==> Montana DFWP legal counsel = @ 29 minutes,
==> Montana Trout Unlimited = @ 37 minutes and 30 seconds,
==> Clark Fork Coalition = @ 45 minutes and 20 seconds.
.. When the Senate media becomes available we'll let you know. 
.. If you're up for a real YUK check out the Montana Cowgirl Post on Nutjob Bills in this current legislative session.

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*P.S.

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The Good Fight

ALL POLITICS IS LOCAL

Please Take Heed

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.. Over the last three weeks we've spent the better part of two months rent on gasoline and motel bills, (and not fished for more than about 6 hours.) We've visited with some friends, neighbors, relatives and politicos.
.. We've traipsed from door to door and from staffer to staffer. We've visited with elected and appointed officials. We are disheartened and enlightened.
.. Under normal circumstances Helena, Montana would not be our choice of midwinter destinations; however this is decidedly not normal. The Montana State Legislature is in session, (once every two years,) and our seat of government is burbling with conversation ranging from medical marijuana to fishing in ditches.
.. Unless you've been asleep at the switch, you know about the ludicrous attempt by the Montana House of Representatives to redefine public water into private water. HB 309 is a top player in any search engine right now. Even blogs and images make the hit list. And they should.
.. We talked to our Representatives and Senators, (a perquisite of old age,) and visited with many staff persons.
.. We also visited with some DFWP servants and can now provide you with some enlightening news. The old adage "All politics is local," is the watchword in Helena.
.. While every person we talked with is acutely aware of the mini maelstrom surrounding this bill, they are also aware of the seeming nonchalance from citizens of the State of Montana and the deep concern of citizens from other states.
.. It may seem callous to note that there is, apparently, more concern from outside our borders than inside. We are awakened and a bit startled!
.. Our elected representatives need to hear from the citizens of Montana. Newspapers, Television, Blogs, and other "media" can only spotlight the issue. Citizens, however, must make their voice heard.

.. If you've never done it before, do it now! Write a letter, make a phone call, (or if you must send an email.) Our legislators need to hear from you. The more personal the form of communication, the more effective it is.
.. An email works. A letter from a constituent carries more weight. A personal visit is truly a heavy vote. And remember, there are people with a lot more money than us that have daily access to the law makers.
.. Although not a certainty, it looks like our Senate will drown this obnoxious piece of legislation. Write to your Senators and give them the reasons for doing so. Let them know that the citizens of Montana are as concerned as the citizens from other states.
.. For an excellent summation of the issue check out "Will Fish For Work." See also the interesting post in Chi Wolf!
.. Be direct, polite, and informed. Senators listen to cogent arguments: they can use them themselves.
.. Our Senator in SD 35 is Art Wittich: Phone = 406-444-4800, Email = senatorwittich@montana.com. It's going to be interesting to see the votes of the Senators. We've already seen the votes of the Representatives!

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