HB 309 - Prohibits Recreational Access to Ditches - Montana Key Vote

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Title: Prohibits Recreational Access to Ditches

Vote Smart's Synopsis:

Vote to pass a bill that prohibits the recreational use of water diverted away from a natural body of water.

Highlights:

  • Defines the phrase "diverted away from a natural water body" as a phrase that refers to a manmade system that includes, but is not limited to, the following types of systems (Sec. 1):
    • An irrigation, drainage canal, or ditch system that may include natural and constructed features; or
    • Structures to convey water for irrigation, such as diversion structures, channels, water distribution devices and locations, return flow capacities, laterals, bilaterals, head gates, flumes, spillways, and boxes.
  • Exempts water diverted from a natural body of water if the owner has provided public access and authorized recreational use of the region (Sec. 2).
  • Specifies that the right of the public to make recreational use of surface waters does not include, without permission of the landowner, any of the following (Sec. 2):
    • The operation of all-terrain vehicles or other motorized vehicles not primarily designed for operation upon the water;
    • The recreational use of surface waters in a stock pond or other private impoundment fed by an intermittently flowing natural watercourse;
    • Big game hunting;
    • Overnight camping; or
    • The placement or creation of any seasonal object.

Title: Prohibits Recreational Access to Ditches

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