Category Archives: Water law

Stream access laws in New York and Montana

The public’s right to access streams and other flowing waters is different in every state, depending on each jurisdiction’s particular combination of constitutional, statutory, and judicial public trust rules. These laws impact not only public use, but also the private property rights of riparian owners, and they can have far-reaching effects on conservation measures and economic development related to recreational tourism. To illustrate the breadth of these rules, consider the very different stream access laws in New York and Montana. Continue reading