We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
PPL Montana v. Montana: From Settlers to Settled Expectations.
- Authors
Damweber, Nathan
- Abstract
Montana's famously rugged rivers provide for a variety of recreational opportunities on the state's waterways. In addition, many of Montana's rivers are highly conducive to hydroelectric power generation. Recently, certain parties challenged a power company's ownership of several riverbeds supporting the company's hydroelectric facilities. This question of streambed ownership cast a shadow upon the future use of Montana's waterways for power generation, as well as the public's right to access Montana's streambeds for recreational use. In PPL Montana v. Montana, the United States Supreme Court clarified its approach to determining navigability for purposes of ascertaining riverbed title. The decision drew attention to the disparate public stream access laws of various western states, and will likely require certain states to reconsider their existing laws. This Note suggests that western states should develop stream access laws that carefully balance the competing interests of public recreationists and private riparian landowners. While this Note suggests that these western states should liberalize their stream access laws regardless of title to the land, such states must also continue to protect their natural resources and landowners ' property rights through various mechanisms.
- Subjects
UNITED States; UNITED States. Supreme Court; RIVER channels; WATER power -- Law &; legislation; WATER power; PUBLIC interest law; PUBLIC interest; RIPARIAN areas management
- Publication
Ecology Law Quarterly, 2013, Vol 40, Issue 2, p163
- ISSN
0046-1121
- Publication type
Article