MZF2631.xml Guide to the Goetz, Baldwin and Geddes P.C. Legal Files on Stream Access Law1972-1989 Goetz, Baldwin and Geddes P.C. Legal Files on Stream Access Law Kim Allen Scott, 2018 Montana State University Library, Archives and Special Collections, Manuscript Collections

P.O. Box 173320, Centennial Mall Montana State University Bozeman, MT 59717

This finding aid was produced using ArchivesSpace on 2025-05-22. Finding aid written in English Finding aid based on DACS (Describing Archives: A Content Standard), 2nd Edition. 2025 Computer discs found in stacks added to box 8 Montana State University Library, Archives and Special Collections, Manuscript Collections Goetz, Baldwin and Geddes P.C. legal files on Stream Access Law Goetz, James H. Geddes, Devlan 2631 Collection 2631, MtBC, us 14 linear feet 1972-2016 The James H. Goetz Legal Records consists of legal documents pertaining to three trials relevant the formation of Montana's Stream Access Law passed by the Supreme Court in 1984. The Trials include cases on the Beaverhead and Dearborn Rivers and proposed Libby Dam case. Also included in this collection are various notes on other small cases tried by Goetz that helped produce the Stream Access Law. Collection materials are in English

Goetz, Baldwin and Geddes P.C is a litigation law firm operating in Bozeman, Montana. The firm focuses on litigation and trial practice on a wide range of cases and topics. The firm has tried some famous cases regarding environmental disputes in Montana, including the two cases here: the Stream and Bridge Access cases. This collection has been donated by two of the lawyers at the firm, James H. Goetz and J. Devlan Geddes.

James H. Goetz was born in 1942 in Miles City, Montana. He graduated from Montana State University in 1965 with a bachelor's degree in history and the went to Yale Law School, graduating in 1968. Goetz then moved back to Montana to begin practicing law, admitted to the Montana Bar in 1969. Goetz has living in Bozeman, Montana ever since, practicing law with his firm: Goetz, Baldwin and Geddes P.C. Goetz still lives in Bozeman and continues to practice law.

J. Devlan Geddes was raised in Junction City, Oregon and Moved to Bozeman, Montana in 1992 to attend school at Montana State University. Geddes attended law school in Eugene Oregon and moved to Seattle to practice law, moving back to Bozeman in 2002 to join Goetz, Baldwin and Geddes P.C. Geddes Still lives in Bozeman, Montana practicing law.

This collection contains legal documents pertaining to three trials relevant to the formation of Montana's Stream Access Law passed by the Supreme Court in 1984 as well as relevant case materials pertaining to the Bridge Access case ranging from 2004-2016. The trials include cases on the Beaverhead and Dearborn Rivers and proposed Libby Dam case. Also included in this collection are various notes on other small cases tried by Jim Goetz that helped produce the Stream Access Law, as well as a small biography written by Goetz describing how he came to be the lawyer for the Montana Coalition for Stream Access as well as the cases he tried regarding Montana's waterways. Pertaining to the Bridge Access case are two series, correspondence and case materials; the documents include trial exhibits, pleadings, Supreme Court pleadings, and other relevant material pertaining to the Bridge Access Case.

Series 1 Beaverhead River Case

Series 2 Dearborn River Case

Series 3 Libby Dam

Series 4 Fishing Access

Series 5 Fishing Access Cases

Series 6 Stream Access; Harvey and Doris Madison, et al. v. Montana Department of Fish, Wildlife and Parks, legal documents

Series 7 Bridge Access Correspondence

Series 8 Case Files

This collection is open for research.

Legal documents created or collected by James H. Goetz of Bozeman, Montana were donated on February 13, 2018. Additional materials were donated on April 18, 2018. These documents comprise Series 1-6.

Legal documents created or collected by Devlin Geddes of Bozeman, Montana were donated on April 27, 2018. Additional materials were donated on September, 17, 2018. These documents comprise Series 7-8.

This collection was processed 2018 November 30

[Creator Name], [Date of Creation], [Brief Description of Object], Folder [#], Box [#], [Collection Name], [Collection #], Montana State University (MSU) Library, Bozeman, MT

Montana Water rights Water--Law and legislation Lawyers Recreation areas--Access Civil Procedure and Courts Fishing and Canning Laws and Legislation Water and Water Rights Montana Legal documents Correspondence Beaverhead River Case Series 1 Series 1

This series includes documents pertaining to the Beaverhead River Case for stream access, also known as Coalition for Stream Access v. Hildreth. The series includes case research, corporate documents, briefs, court pleadings, hearings, motions, trail transcripts, and lawyer notes pertinent to the trial.

Affidavits 1 1 Beaverhead River Case, Documentary Research 1 2-4 Beaverhead River Trail Transcript Summary 1 5 Case Research 1 6-8 Coalition for Stream Access, Beaverhead, Corporate Documents 1 9 Correspondence, Outreach 1 10 Defendant's Brief in Opposition to Motion for Preliminary Injunction 1 11 District Court Pleadings 1981 1 12 District Court Pleadings 1982 1 13 District Court Pleadings 1982-1984 1 14 Hearing on All Motions Pending 1 15 Miscellaneous 1 16 Montana Coalition for Stream Access v. Hildreth, Preliminary Proceedings 1981 1 17 Notes 1 18 Plaintiff's Brief in Support of Motion for Preliminary Injunction 1 19 Preliminary Injunction Hearing Transcript 1981 1 20 Supreme Court Pleadings 2 1 Press Coverage, Beaverhead 2 2 Transcript of Proceedings 1981 2 3 Transcript of Proceedings 1982 2 4 Transcript of Proceedings 1983 2 5 Trail Transcript, pages 1-100 1983 2 6 Trail Transcript, pages 101-200 1983 2 7 Trail Transcript, pages 201-300 1983 2 8 Trail Transcript, pages 301-398 1983 2 9 Water Rights / Deeds 2 10 Dearborn River Case Series 2 Series 2

This series includes documents pertaining the Dearborn River stream access case in Montana. The series includes correspondence, briefs, supreme court files, case research, leases and water rights documentation, membership information for the Montana Stream Access Coalition, press coverage, motions, and other various documentation pertinent to the trial.

Answers to Discovery 2 11 Brief of Amicus-Montana Stockgrowers Association and Montana Woolgrowers Association 2 12 Butte Sportsman's Group, Navigation 2 13

(78-74)

Correspondence 2 14-16 CSA — Beaverhead Trail Notebook Contents 2 15 Dearborn Briefs 2 18-23 Dearborn River Supreme Court File 2 24-27 Deposition of Gus J. Karabatos 2 28 Deposition of Mark S. Connell 2 29 Discovery: Dearborn River 3 1-2 Documentary Research 3 3-5 Findings of Fact 3 6 JHG - Navagibility Seminar, Portland, Oregon November 13, 1992 3 7 Lease / Water Rights 3 8 Legal Research 3 9-10 Maps 3 11 Memorandum 3 12-19 Montana Coalition for Stream Access — Info and Membership 3 20-21 Navigation 3 22-23 Notebook 3 24 Notes 2 25 Petitions 3 26 Press Coverage 3 27 Pre-Trial Order 3 28 Trial Briefs 3 29 Trial and Pre-Trial Motions 3 30-32 Libby Dam Series 3 Series 3

This Series pertains to the trial Goetz conducted for the Libby Rod and Gun club challenging the proposed Libby Dam. The series include appeals, briefs, correspondence, environmental reports, documentary research, hearing and preliminary injunction reports, memorandums and supreme court hearings pertaining to the case. This case resulted in the postponement of a deregulating dam on the Kootenia River.

Appeal File 4 1-2 On Appeal from the United States District Court for the District of Montana 4 3-4 On Appeal from the United States District Court for the District of Montana, Volume 2 4 5 On Appeal from the United States District Court for the District of Montana, Appendix VI 4 6 On Appeal from the United States District Court for the District of Montana, Reply Brief for the Federal Appellants 4 7 Appellees' Response to Motion to Stay Injunction 4 8 Brief for the Federal Appellants 4 9 Case Correspondence 4 10 Critique of the Cost-Benefit Analysis for the Proposed Libby Regulating Dam and Additional Units May 19, 1978 4 11 Defendant's Brief 4 12-13 Discovery File 4 14 Documentary Research 4 15-16 Final Environmental Statement for Libby Dam, Office of the Chief of Engineers September 1972 4 17 Hearing on Preliminary Injunction, Testimony of Neil Freeman 4 18 Hearing on Preliminary Injunction, Volume 1 4 19 Hearing on Preliminary Injunction, Volume 2 4 20 Hearing on Preliminary Injunction, Volume 4 4 21 Kootenay River Diversion Preliminary Assessment Report 1977 October 4 22 Libby Brief 4 23 Libby Dam, Affidavits 4 24 Libby Dam and Lake Koocanusa Kootenai River, Montana; Environmental Statement 4 25 Libby Dam and Lake Koocanusa Kootenai River, Montana; Supplement 1 5 1 Libby Dam and Lake Koocanusa Kootenai River, Montana; Supplement 5 5 2 Libby DNRC and C Memos 5 3 Libby Post Injunction 78-77 5 4-5 The Libby Regulating Dam on the Kootenai River 5 6 Memorandum in Support of Motion to Intervene 5 7 Miscellaneous 5 8-9 Motion for Stay Pending Appeal 5 10 Notebook 5 11 Notice of Appeal 5 12 Plaintiff's Motion for Partial Summary Judgement 5 13 Power Outlook through 1988-1989 5 14 Plaintiff's Brief in Opposition to Defendant's Motion for Dissolution of Preliminary Injunction 5 15-16 Pleadings File 5 17-18 Post-Hearing Memorandum 5 19 Preliminary Policy Paper, Libby Additional Units and Regulating Dam Project, Montana 5 20 Record on Appeal, Volume II, pages 172-287 5 21 Record on Appeal, Volume II, pages 288-408 5 22 Reply Brief of Amicus Curiae Allis – Chalmers Corporation 5 23 Reply Brief for the Federal Appellants 5 24 Reply Brief for Plaintiffs 5 25-26 Report by the Comptroller of the United States, Montana Libby Dam Project 5 27 Report to the Congress of the United States by the Comptroller Genera 5 28 United States Court of Appeals for the Ninth Circuit 5 29-30 Fishing Access Series 4 Series 4

This Series contains one folder with documents pertaining to legal cases in Montana, specifically in Lewis and Clark County (pertaining to the removal of sanitary restrictions) and a case by the Crow Tribe petering to the Yellowtail Dam and Reservoir. The folder also contains documentary research and notes compiled by Goetz.

Fishing Access 5 31 Fishing Access Cases Series 5 Series 5

This series contains one folder with a document compiled by Goetz pertaining the Montana Stream Access cases he tried starting in 1973. The document functions as a biography of Goetz cases and procedures.

The Montana Stream Access Cases 5 32 Stream Access; Harvey and Doris Madison, et al. v. Montana Department of Fish, Wildlife and Parks, legal documents Series 6 Series 6

This series contains briefs, motions, historical research, documentary research, U.S. Supreme Court pleadings, and other documents pertinent to the stream access case.

Answer Brief of Defendants-Intervenors-Appellees 6 1-3 Appellant's Excerpts of Record, Volume 1 of 1 6 4 Appellant's Opening Brief 6 5 Articles 6 6-8 Brief of Appellees 6 9 Cases from Petition of Writ of Certiorari 6 10-13 Dearborn Historical Research 6 14 Dearborn River: Navigability Title Case 6 15-16 Documentary Research 6 17-19 Legal Research RE General Dismissal 6 20-21 Legal Research RE State's Motion to Dismiss 6 22-24 Legal Research RE State's Motion to Dismiss 7 1 Miscellaneous 7 2 Motion and Brief 7 3 MWF 9th Court Material 7 4-5 Public Trust Case 7 6 U.S. Supreme Court Pleadings 7 7 Public Trust Case 7 8 U.S. Supreme Court Pleadings 7 9 Bridge Access Correspondence Series 7 Series 7

This series includes collated correspondence arranged by Geddes pertaining to the Bridge Access Case.

Correspondence, Volume 1 November 2003-December 2004 8 1-3 Correspondence, Volume 2 January 5-August 31, 2005 8 4-6 Correspondence, Volume 3 September 2005-September 2007 8 7-9 Correspondence, Volume 4 October 2007-October 2008 8 10-11 Correspondence, Volume 5 8 12-14 Discovery Correspondence, Volume 1 8 15 Case Files Series 8 Series 8

This series includes material pertaining to the Montana Bridge Access Lawsuit resulting in Montana's Bridge Access Law. The case was tried by Goetz, Baldwin and Geddes P.C., with Devlan Geddes taking on the case. Included in the series are Supreme Court Pleadings, affidavits, legal research, press, Geddes' notes and memos, depositions, surveyor reports, exhibits, trial notes, briefings, discovery pleadings, and other legal material relevant to the Bridge Access Case ranging from 2004-2016. "*" (asterisk) notes material moved to oversize collection.

Affidavits 8 16 Attorney's Notes and Memos, Volume 1 8 17-18 Attorney's Notes and Memos, Volume 2 8 19 Bill Anderson's Documents 8 20 Daniel Gravage, Transcript of Proceedings 8 21 Deposition of Bernard Lea 8 22 Deposition of Bobby Seidensticker 8 23 Deposition of Bob Lovejoy 8 24 Deposition of Brad Griebenow 8 25 Depositions 8 26

CDs

Deposition of Dan Gravage / Bernard Hallin 8 27

(DVD)

Deposition of Darrell Goodman 8 28 Deposition of Dave Smith 8 29 Deposition of David Marsch 8 30 Deposition of David Schulz 8 31 Deposition of Don Goodman 8 32 Deposition of Ed Ereth 8 33 Deposition of Ed Tash 8 34 Deposition of Frank Nelson 8 35 Deposition of George Albrecht 8 36 Deposition of Howard Chrest 8 37 Deposition Index 8 38 Deposition of Irene Chrest 8 39 Deposition of James Kennedy 8 40 Depositions of James Kennedy 2008 February 21 8 41 Deposition of Janell Shaw 8 42 Deposition Upon Oral Examination of Jerry Brekke 8 43 Deposition of Jerry Lyons 8 44 Deposition of John Gibson 8 45 Deposition of Ken Brower 8 46 Deposition of Kenneth Jenkins 8 47-48 Deposition of Kirk Brower 8 49 Deposition of Mackenzie Keltner 8 50 Deposition of Michael Berry 8 51 Deposition of Mortimer Lott 8 52 Deposition of Pat Darby 8 53 Deposition of Paul Banks 8 54 Depositions: Lay Witnesses and Robert R. Zenker, Public Lands vs. Commissioners, Virginia City and Sheridan, MT. Produced by Nordhagen Reporting 2005 October 12-13 9 55 1-2

Material is in .ptx, which is a file format for deposition transcripts that requires specialized software for viewing.

Deposition of Ray Rowberry 9 1 Deposition of Reed Rowberry 9 2 Deposition of Richard Woods 9 3 Deposition of Robert Butler 9 4 Deposition of Robert Keltner 9 5 Deposition of Robert Lott 9 6 Deposition of Robert R. Zenker 9 7 Deposition of Shane Escott 9 8-9 Deposition of Steven Banks 9 10 Deposition of Susan Nye 9 11 Deposition of Ted Coffman 9 12 Deposition of Thomas Lott 9 13 Deposition of Tony Schoonen 9 14 Deposition of Wally Klose 9 15 Deposition Upon Oral Examination of Bernard Hallin 9 16 Deposition Upon Oral Examination of Bernard Hallin, Volume II 9 17 Deposition Upon Oral Examination of Dan Gravage 9 18 Deposition Upon Oral Examination of George Trischmann 9 19 Deposition Upon Oral Examination of John Gibson 9 20 Deposition Upon Oral Examination of Kevin Feldman 9 21 Deposition Upon Oral Examination of Larry Lahren, Ph.D. 9 22 Deposition Upon Oral Examination of Larry Lahren, Ph.D., Vol. II 9 23 Deposition Upon Oral Examination of Robert Butler 9 24 Deposition Upon Oral Examination of Tony Schoonen 9 25 Deposition Upon Oral Examination of William Anderson 9 26 Deposition, Designations, and Objections, Joint Notice 9 27 Depositions, Designations, and Objections: Exhibit A 9 28 Depositions, Designations, and Objections: Exhibit B 9 29 Depositions, Designations, and Objections: Banks, Paul 9 30 Depositions, Designations, and Objections: Banks, Steven 9 31 Depositions, Designations, and Objections: Berry, Michael 9 32 Depositions, Designations, and Objections: Chrest, Irene 9 33 Depositions, Designations, and Objections: Darby, Pat 9 34 Depositions, Designations, and Objections: Goodman, Darrell 9 35 Depositions, Designations, and Objections: Goodman, Don 9 36 Depositions, Designations, and Objections: Griebenow, Brad 9 37 Depositions, Designations, and Objections: Keltner, Mackenzie 9 38 Depositions, Designations, and Objections: Keltner, Robert 9 39 Depositions, Designations, and Objections: Kennedy, James 9 40 Depositions, Designations, and Objections: Lott, Mortimer 9 41 Depositions, Designations, and Objections: Lott, Robert 9 42 Depositions, Designations, and Objections: Lott, Thomas 9 43 Depositions, Designations, and Objections: Lovejoy, Bob 9 44 Depositions, Designations, and Objections: Marsch, David 9 45 Depositions, Designations, and Objections: Nye, Susan 9 46 Depositions, Designations, and Objections: Rowberry, Reed 9 47 Depositions, Designations, and Objections: Schoonen, Tony 9 48 Depositions, Designations, and Objections: Seidensticker, Bob 9 49 Depositions, Designations, and Objections: Shaw, Janell 9 50 Depositions, Designations, and Objections: Smith, Dave 9 51 Depositions, Designations, and Objections: Tash, Ed 9 52 Depositions, Designations, and Objections: Trischmann, George 9 53 Depositions, Designations, and Objections: Woods, Richard 9 54 Deposition Exhibits: Anderson, W. 9 55 Deposition Exhibits: Brekke, Jerry 9 56 Deposition Exhibits: Brower, Ken 9 57 Deposition Exhibits: Butler, Robert 9 58 Deposition Exhibits: Chrest, H. 9 59 Deposition Exhibits: Coffman, T. 9 60 Deposition Exhibits: Ereth. E. 9 61 Deposition Exhibits: Gibson, J. 9 62 Deposition Exhibits: Gravage, D. 9 63 Deposition Exhibits: Hallin, B. 9 64 Deposition Exhibits: Kennedy, James 9 65 Eposition Exhibits: Lahren, L. 9 66 Eposition Exhibits: Nelson, F. 9 67 Deposition Exhibits: Schoonen, T. 9 68 Deposition Exhibits: Schulz, D. 9 69 Devlan's Notebook: Cases 9 70

Stevens v. City of Cannon Beach; Oregon v. Hay; Galt v. Montana Fish Wildlife and Parks

Devlan's Notebook: Resolution 13 2004 9 71 Devlan's Notebook: Public Access Doctrine 9 72 Devlan's Notebook: Complaint and Demand for Jury Trial 9 73

(Kennedy v. Madison Co.)

Devlan's Notebook: Cases 9 74

Richter v. Rose; Maynard v. Bara; St. Ex Rel Dansie v. Nolan (explanation of RS 2477 in Montana); Butte v. Mikosowitz (Prescriptive use Sufficient to Accept Grant); Povah v. Portmann

Devlan's Notebook: Territory of Montana—Seventh Session—Legislative Assembly 9 75 Devlan's Notebook: Defendant—Intervenor James C. Kennedy's Proposed Findings of Fact and Conclusions of Law 9 76 Devlan's Trial Notebook: Kennedy's Brief Concerning Scope Use of a Public, Prescriptive Road 9 77 Devlan's Trail Notebook: Kennedy's Notice of Filing Additional Objections to Petitioner's Deposition Designations for Trial 9 78 Devlan's Trial Notebook: Kennedy's Objections to Petitioner's Supplemental Designation of Entire Deposition Transcript of Shane Escott 9 79 Devlan's Trial Notebook: Petitioner's Bench Memorandum Re: Scope of Uses Permitted within Public Prescriptive Right of Ways 9 80 Devlan's Trial Notebook: Petitioner's Proposed Findings of Fact, Conclusions of Law and Order 10 1 Devlan's Trial Notebook: Petitioner's Supplemental Designation of Deposition Testimony for Trial 10 2 Devlan's Trial Notebook: Pretrial Order 10 3 Discovery Index 10 4 Discovery Pleadings: Volume 1 10 5 Discovery Pleadings: Volume 2 10 6 Discovery Pleadings: Volume 3 10 7 Documents Produced by James Kennedy, Volume 1 10 8

Seyler Bridge Photos

Documents Produced by James Kennedy, Volume 1 10 9

Seyler Bridge Line-of-Sight Photos

Documents Produced by James Kennedy, Volume 1 10 10

Kennedy Access Sites Photos

Documents Produced by James Kennedy, Volume 1 10 11

Kennedy Photos

Documents Produced by James Kennedy, Volume 1 10 12

Kennedy Parking Photos

Documents Produced by James Kennedy, Volume 1, Seyler Bridge Photos 10 13

(More)

Documents Produced by James Kennedy, Volume 1, JCK000001-JCL000065 April 24, 2008 10 14