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Posted

The way I read the article, downstream water has nothing to do with the Montanan case. It has to do with ownership of the land the dams are sitting on and whether Montana can ask for rent on that land. This streambed ownership case could have wide reaching effects on streambed ownership all over the country. The U.S; Supreme Court has been asked to decide what IS and what is NOT a navigable stream, hence the reference back to the Lewis and Clark expedition and its records on rivers of that day. It should be interesting to see what happens.

That's true, we're off topic.

If this case really is taking on the "navigable streams" issue, this is indeed a very big deal. That is the ambiguous dividing line for water access in most of the Midwest.

Posted

That's true, we're off topic.

If this case really is taking on the "navigable streams" issue, this is indeed a very big deal. That is the ambiguous dividing line for water access in most of the Midwest.

In the days of the trappers and explorers navigable was often any waterway that had water and could therefore considered a landmark for navigation.

Today's release is tomorrows gift to another fisherman.

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