Public River Access is Disappearing
Montana has always been proud of its state stream access laws, which allow residents to hunt, fish, and enjoy the natural beauty and wildlife the state’s rivers have to offer.
Source: gopherhiker/Tripadvisor
However, with new transplants purchasing land along these rivers all over the state, the rivers are becoming less available to the general public, and one specific area of river access recently made media headlines.
Two Montana Residents Get Questioned for Trespassing on the Gallatin River
When local Montana residents, Matt Treinen and Jeremy Sarren, recently went mallard hunting on the Gallatin River, they received a call from the sheriff’s department to return to the access point where they entered.
Source: Montana Angler
When they returned, they explained to the officers that they had made their way around the new fences and no trespassing signs, making sure to stay away from the high-water mark that divided public from private land.
Trespassing Tickets Were Issued
Unfortunately, even though the officers deemed their route to be within the public access areas, the two were still issued trespassing tickets because, as the officers explained it, the landowners who called were not willing to let the matter go.
Source: FindLaw
The land owners who complained about Treinen and Sarren were none other than Marc and Aurora Cohodes. New Montana resident Marc Cohodes is famous for being the “highest-profile short seller on Wall Street.”
What the Cohodes Had to Say
The Cohodes purchased an 84-acre property along the river in 2020 for an incredible $3.8 million. While technically, there is still public access below their land boundary where people can enter and wade along the river, the Cohodes have been trying to limit that access.
Source: Global News
They have stated that drug users, dealers, and even burglars have been trespassing on their land after gaining access to the river-side border through the public access point.
Who is Really at the Gallatin River?
But locals, such as Treinen and Sarren stated that the people who use the river access are good, local citizens who simply want to fish, hunt, or enjoy the beautiful nature during their lunch break or with their families.
Source: VisitBozeman
But who is visiting the river isn’t actually the issue, it’s the fact that people can and should be able to access the river in front of the Cohodes property as it is completely legal to do so in Montana.
How Do Public Access River Laws Function in Montana?
It’s important to understand that Montana’s public access river laws allow all people to visit the river by public access points along the road. From there, they can explore up and down the river because everything below the high-water mark, including water, riverbed, and bank, is public property.
Source: John Kelly/Getty Images
So even if new wealthy landowners, such as the Cohodes, want to put fencing along their property line, they cannot stop people from using the river below their property.
Will Montana Residents Be Able to Continue Enjoying the Gallatin River?
Montana law enforcement is doing their best to survey and map the Gallatin River in order to ensure both new property owners and Montana residents understand where the line is drawn between private and public property.
Source: Nations Online Project
However, it seems that accessing this beautiful river will become increasingly challenging as new Montana residents who simply don’t understand the system cause issues for the life-long locals.