Bitterroot landowner proposes fences across Mitchell Slough
Laura Lundquist
On Tuesday, the Bitterroot Conservation District will consider a proposal to allow a landowner to string fences in 16 spots across the Mitchell Slough south of Stevensville. Bitterroot Springs Ranch owner Ken Siebel has requested a 310 permit from the district to install the fences.
The Mitchell Slough is a braid of the Bitterroot River that angles east of the river mainstem south of Victor Crossing and roughly parallels the Eastside Highway before merging again with the mainstem south of Stevensville. The Montana 310 Law requires any person planning to work in or near a stream to first obtain a 310 permit from their local conservation district, and the work has to be approved by the district and Montana Fish, Wildlife & Parks.
During a meeting on Nov. 12, conservation district supervisor Dan Kerslake said Siebel wanted the permit to fence off parcels of property that are owned by various members of his family, according to the Bitterroot Star.
On Nov. 12, Kent Myers, board vice-chair, said the conservation district had doubts about the proposal and had talked with Siebel about other options to delineate property lines, according to the Bitterroot Star. Fences strung too low to a stream can trap debris, which can impede streamflow and cause erosion.
“They had their reasons for not using those kinds of approaches, but we left it where they were going to discuss it and come back,” Myers said on Nov. 12.
Kerslake said the conservation district would address the permit again on Tuesday but they needed to know more specifics before giving their approval. Kerslake noted that the ownership map didn’t show 16 boundaries so there wasn't a need for 16 fence crossings.
If approved, portages around the fences would be created along the highwater mark, but that would create a separate problem, Myers said.
“That, in turn, would necessitate hauling boats or whatever watercraft out of the river onto the bank and dragging it around through the portage and then back in. That would not be necessary with higher wires where they could just float underneath. So, there is a reasonable alternative that is less impactful to the environment, to the stream and to the bank of the stream. To me, that is the basis for denying the proposal as proposed. But we are not there yet,” Myers said on Nov. 12.
FWP biologist Jason Lindstrom said FWP would have no say in what kind of portage should be installed. The landowners can choose, as long as it allows access and meets erosion requirements.
River enthusiasts and anglers questioned the need for 16 fences that only cross the slough but don’t extend farther. They suspect the fences would serve a different purpose: hindering floating. Ravalli County Fish and Wildlife Association, Bitterroot Trout Unlimited and the Bitterroot River Protection Association filed letters of objection to the application.
Alex Leone of the Public Land Water Access Association said his organization will also oppose the permit because it poses a threat to access and could be part of a larger trend appearing in Montana. For example, on the Shields River north of Livingston, one new property owner has moved several trees into the river without a 310 permit, and when floaters get out to portage around the obstacle, the landowner charges them with trespassing.
“People are kind of working around the margins of the stream access law to get their way. They’re dropping or placing artificial barriers in streams and then telling people they’re trespassing if they go around,” Leone told the Current. “That’s the concern we have - we’re seeing a proliferation around the state of people intentionally blocking stream access. They’re not fencing out cows, they’re not doing property demarcation - they’re trying to prohibit the use of the recreational right-of-way. This is just another one we’re worried about.”
About a month ago, Siebel applied for a separate 310 permit to install floating islands made of heavy duty PVC tubing and plywood and anchored to the banks to provide shade and cover for fish. River advocates suggested that the platforms could also interfere with access. On Nov. 12, the Bitterroot Conservation District denied that permit, saying there were better alternatives for creating fish habitat, such as improving riparian cover.
When it comes to stream access, the Mitchell Slough has been a contentious body of water for several decades. After wealthy landowners, including Charles Schwab and rock musician Huey Lewis, bought large sections of property along the slough, they erected fences to keep the public out, saying the Mitchell Slough was a ditch and therefore not subject to the stream access law. In 1999, the Bitterroot Conservation District agreed and decided a 310 permit wasn’t required to build the fences.
The Bitterroot River Protective Association challenged the conservation district’s decision. A district court upheld the conservation district, concluding that while the Mitchell Slough had been a natural channel, ranchers had changed it into an irrigation ditch, so the stream access law was no longer applicable.
Fifteen years ago, the fences came down. But now, they could return, and opponents are wondering why landowners are trying again.
“That’s the question no one knows the answer for: why?” Leone said. “We’re opposed. Depending which way this goes, we’re going to help the Ravalli County Fish and Wildlife Association as much as we can.”
Tuesday’s meeting will be held at 7 p.m. in the US Department of Agriculture Building conference room at 1709 N. First Street in Hamilton. Call (406) 361-6181 or email BitterrootCD@macdnet.org for information.