Swimming Woman Road, Golden Valley County, Montana

Swimming Woman Road Summary

Swimming Woman Road provides one of the few access points to the south side of Big Snowy Mountains and is popular route for public hunters and outdoor enthusiasts. The public’s right to access the road has had to be fought for in 2008, 2011 and again in 2015.

In 2011, flooding damaged the road to the extent that it was impassable. The county gave the landowners an option of rebuilding along its existing route, which ran next to the Lazy S Ranch residence, or move the road to the west away from the creek on easement through the Lazy S. But the ranch owners questioned whether the county had a legal easement and wanted the road closed. Research, aided by PLWA’s Bernie Lea, showed 1933 documentation that the county had a legal right and easement to its existing location, establishing a county road through the private property, providing public access to our “forest reserve” public lands. After 2 years, Swimming Woman roadwork was completed and then opened in October 2011.

In 2011, the Wilks Brothers (from Texas) purchased a parcel of land which the Swimming Woman County Road went through. Continuing north on the road, the public could access the Montana DNRC parcel as well as continuing up to the Forest Service public land. But at a cattle guard crossing on the public county road, the Wilks attached a N-Bar Private Property “No Trespassing” sign – misleading the public that to proceed on the road would be trespassing, an apparent violation of Montana code. MCA 45-8-115 states that it is illegal to post on state or federal land, to restrict access or use of state or federal land. MCA 45-6-201 states that a landowner cannot place a sign closer than 30 feet of the centerline of the roadway where it enters the private land. The illegal sign was about 12 feet from centerline, giving the appearance that to continue on Swimming Woman Road, crossing the cattle guard, you would be trespassing on the Wilks private property.

In early July 2015, conservation hunter Kathryn QannaYahu was investigating access issues and documented the illegally posted sign. The Golden Valley County Sheriff was contacted and provided with photographic and GPS documentation of the Wilks illegal sign. August 2015 she physically checked the Swimming Woman Road and found the illegal sign had been removed from the road easement and moved to a legal distance from centerline, ensuring that the public’s access is no longer in question or obstructed.

UPDATE: September 2015

Be Ever Vigilant About Your Public Access

In 2011, flooding damaged the road to the extent that it was impassable. The county gave the landowners an option of rebuilding along its existing route, which ran next to the Lazy S Ranch residence, or move the road to the west away from the creek on easement through the Lazy S. But the ranch owners questioned whether the county had a legal easement and wanted the road closed. Research, aided by PLWA’s Bernie Lea, showed 1933 documentation that the county had a legal right and easement to in its existing location, establishing a county road through the private property, providing public access to our “forest reserve” public lands. After 2 years, Swimming Woman roadwork was completed and then opened in October 2013.

However, In 2011, the Wilks Brothers purchased land accessed by the road just north of the Montana DNRC parcel, at a cattle guard crossing on the public county road, We don’t know when it got there , but in 2015 N-Bar Private Property “No Trespassing” sign was found right next to the road at the cattle guards – an apparent violation of Montana code. MCA 45-8-115 states that it is illegal to post on state or federal land, to restrict access or use of state or federal land. MCA 45-6-201 states that a landowner cannot place a sign closer than 30 feet of the centerline of the roadway where it enters the private land. The illegal sign was about 12 feet from centerline, giving the appearance that to continue on Swimming Woman Road, crossing the cattle guard, you would be trespassing on the Wilks private property.

In early July, 2015, Montana conservation hunter, Kathryn QannaYahu, was investigating access issues and documented the illegally posted sign. The Golden Valley County Sheriff was contacted and provided with photographic and GPS documentation of the Wilks illegal sign. August 2015 she physically checked the Swimming Woman Road and found the illegal sign had been removed from the road easement and moved to a legal distance from centerline, ensuring that the public’s access is no longer in question or obstructed . Many thanks to her and the county Sheriff for their work.

“The price of victory is eternal vigilance”. Anon.

UPDATE: October 2011

Reprinted with permission from the Billings Gazette October 7, 2011

COUNTY, LANDOWNERS AGREE ON REROUTING OF FOREST ACCESS ROAD

“Although some details still need to be worked out, Golden Valley County commissioners and representatives of the Lazy S Ranch agreed on Friday to reroute Swimming Woman Road west of its old easement and onto the Lewis and Clark National Forest.

The road is popular with hunters and is one of the few public access routes to the Big Snowy Mountains on the southern end of the range, northwest of Ryegate. The deal ends a negotiation between the county, Lazy S Ranch co-owners Tom Elliott and Bruce Rauner, and the Forest Service after the road was washed out this spring when Swimming Woman Creek flooded.

The county gave the landowners an option to either have the road rebuilt along its existing route, which runs next to the ranch’s residence, or provide an easement to have the road repositioned to the west. Initially, the ranch owners questioned whether the county had a legal easement and wanted to close the road, but documents were found to support the county’s position.

FEMA funds will reimburse the county for the relocation and rebuilding of the road which, with the new route, will avoid two stream crossings by climbing to a bench before dropping to the old route and continuing on to the forest boundary. Bids are already being sought for the work, with the cost estimated at $200,000 or less. Construction could begin on the road in a couple of weeks with the goal to have it completed before winter sets in.

Flooding this year made the road impassable, with the creek’s water cutting a 4-foot deep, 20-foot wide, half-mile-long gouge out of the road, said Kent Sipe, Golden Valley County attorney. Essentially, the creek ran down the road, creating a new channel.”

UPDATE: August 2011

Reprinted with permission from the Harlowton Times Clarion – August 23, 2011.

Re: Recent Commissioners Meeting

The commissioners also discussed major damage on Swimming Woman Road.
County Commissioner Tony Zinne said he had met with Randy Waterman, who leases the Lazy S Ranch that the washed-out county road passes through, a representative of the management company for the Lazy S and a Forest Service official. They toured the area and discussed an alternate route on the west bench that would move the Swimming Woman Road from the bottom and end within walking distance of the Forest Service.

Commissioner Paugh, who oversees the north commission district, stated the commissioners could not consider the matter because there hasn’t been a petition filed seeking road closure or moving the road. The interested parties have not come to the commission with their request. So at this time, he said, all the county can deal with is repairing the existing road.

The county has found documentation that in 1933 the landowners had sought and were given approval to establish a county road through the private property passed what was later the home of Guy Webber. The purpose of the road was stated to be to provide access to the forest reserve.

The engineer hired by the county had recommended that the first washed-out culvert on the road be replaced with a larger, squashed version to carry more water. To do that a flow study must be completed as to the effects downstream.

Further up the road a bridge washed out and the creek cut a new channel down the existing road for several hundred feet. The county discussed asking FEMA for approval of an alternate route rather than what would be a more costly return of the road to its natural state. Also, with the creek moved, other issue could come into play.

The county is looking at either moving the road to the west after the first culvert and away from the creek or alongside the previous road to the east, which could be vulnerable to future flooding.

County Attorney Kent Sipe advised the commissioners to stake out the new route deemed be the best and notify the landowner that the road would be changed. The owner could then meet with the commissioners at the next regular meeting if there are concerns. Sipe advised that the right-of-ways of record give the county the authority to continue to provide a road to the forest.

Commissioner Paugh, sheriff Fisher and the engineer were to visit the site Tuesday and ask the engineer to give his opinion as to the best route to take and also look at the flow issues for the new culvert.

Contact Shirley Wagner 406-575-4431 at the Clarion Times.