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As Mike Cline explained in his post, the legal term is "Ordinary high water mark." Ordinary is not as abstract as it might seem. Hydrologists generally define it as the ordinary high water mark made by one and two-year floods, not 100, 500-year, or maximum probable floods. The one and two-year floods are common and recur frequently enough to demarcate a fairly clear change between aquatic and riparian vegetation. Mike's photo of cattle illustrates an example where the change is very obvious. There are also some cases where it's difficult to discern, in which cases counties tend to defer to landowners because of two reasons: politics and taxes.This flood has now redefined high water mark and I'm curious how this will affect our stream access laws. O
In some cases, I think it’s because of Western water law doctrine: Use It Or Lose It.Why would anybody need to be irrigating???????
This is what drives me absolutely batty, seeing sprinkler/irrigation systems on when pouring rain and the ground is saturated - shouldn't need to water a lawn for weeks.
cheers
This flood has now redefined high water mark and I'm curious how this will affect our stream access laws. One in particular will be the wade section on the Upper Madison.
The land owners below Three Dollar Bridge on the south side of the river have signs posted that if you are standing in the vegetation, you are trespassing. Some are kind of dicks about it. I've never gotten any confirmation by the game warden or the fly shops. Most will simply tell you keep your feet wet just to be safe.
With the higher flows, we now we have water burping over into the vegetation. Feels like those banks are now fair game and I'd love to tell one of those pricks to fuck off. They have been active in trying to shut down floating in that section in an attempt to control access for themselves.
Just to give you a better idea, here is a photo of the type bank I'm referring to.
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In some cases, I think it’s because of Western water law doctrine: Use It Or Lose It.
There is the Old Gardiner Road from Gardiner to Mammoth. It heads south at the entrance station. It could make for a temporary route, but I have no idea what the surface is like.It will be interesting to see how the Park Service deals with the washed out road sections. As we saw in one of the videoes, one hillside was still collapsing and the flood was still under cutting it. Am willing to bet the new replacement section takes at least a 2 mile detour
That’s also government agencies’ doctrine as well…In some cases, I think it’s because of Western water law doctrine: Use It Or Lose It.
Yeah kind of what I was alluding to ..There is the Old Gardiner Road from Gardiner to Mammoth. It heads south at the entrance station. It could make for a temporary route, but I have no idea what the surface is like.
From the NE entrance a portion of the road along Soda Butte, near the Trout Lake trailhead is completely gone. That will be a tough one to repair and a temporary route will be difficult as its along a steep hillside.
Just like Colorado.Are we getting closer to clubs owning the only stretches of the river where the public might fish? This at astro prices led by a Ghille who tells us where and what to cast.
Loved this quote from Bill Berg, a Park County commissioner:I wonder how many of the properties that got flooded have an owner that would have told you last week, “It never floods here.” Last I checked, never is a looooooooooooong time. This post isn’t meant as a jab, it is meant as a reminder that the timeline humans experience is a blip and it’s sad that people still buy, build, and live next to water.
sure, why should the governor's location be available during a major emergency...perhaps hangin with Ted down in Cancun![]()
Acting governor Juras signs disaster declaration with Gianforte out of country
Montana Lt. Gov. Kristen Juras is the acting executive of the state while Gov. Greg Gianforte is out of the country. The governor’s office did not say where Gianforte is traveling.www.mtpr.org
Gov. Gianforte isn't in state and apparently out of the country. His team won't say where he is![]()
This was posted on Facebook Yesterday:I wonder if Armstrong/O'Hair/DePuy Spring Creek got destroyed again. Some sections are only separated from the river by rip rap banks. In '97 (?) the river just cut right through and it took a lot of work to restore it. It was a controversial project because the creek is not much more than an isolated river channel anyway.