Montana Supreme Court Ruled State Waterways are Public Use - KFBB.com News, Sports and Weather

Montana Supreme Court Ruled State Waterways are Public Use

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As of Thursday our State Supreme Court decided that a landowner's claim over the ruby river did not hold any water.

James Kennedy's appeal was rejected. The ruling affirmed the right of public access to the waterways, but Kennedy argued that because he owns the land under the river. He has the right to exclude people from wading or floating on the water. According to Montana's constitution however, water held in our state is state property and are for the people. Justices also reversed the courts ruling that limited public access to easements, used primarily for maintained.

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