River access in Wyoming Upstream from the point where the Little Bighorn issues from the Little Horn Canyon, the stream flow is in Wyoming. For the first two miles a very rough road goes upstream. All along this road, and all along the stream in this stretch, the land is privately owned and a sign at the entrance to the canyon provides notice of this fact. Wyoming stream access laws are
not liberal and trespass laws are strictly construed. In this two mile stretch all riparian access requires trespass across private lands. On tribal lands, the Crow Tribal Code (2005) addresses fishing by non-members in Title 12. Non-members may fish on Tribal lands but only while possessing a Tribal Recreation License, with appropriate permit to fish. and only with an enrolled Crow Tribal member in attendance, who is trained and properly licensed as a fishing guide. While the case of
Montana v. United States also holds that the Tribe may not prohibit non-Indians from hunting and fishing on lands not owned by the tribe or held in trust for the tribe, such parcels of "fee lands" are usually not extensive and are scattered randomly among the parcels of Tribal lands, and there is no indication on the ground to indicate to the non-member fisher person when they are on fee land, where they would be trespassing, and when they are on Tribal lands in breach of the law. The Crow Tribal Court has exclusive jurisdiction over non-Indians who commit violations on Tribal land. If a non-member is found in violation of any part of the Tribal Code, they are subject to fines (Crow Tribal Code 2005, Section 12-11-109), forfeiture of fishing gear, and payment of court costs This confusing and chaotic situation, in which enforcement of fishing restrictions and access to streams depends on who owns the land the fisher person is standing on, has caused fishing websites to conclude: "However, the Little Bighorn runs entirely within the boundaries of the Crow Reservation and access to it is next to nil." The prospective fisherman should not be misled by the fact that the blue ribbon trout fishery on the Big Horn River, below the Yellowtail Dam, is fished by non-Indians (provided the non-member complies with Montana fishing regulations and laws), though this stretch of the Bighorn River is within the boundaries of the Crow Reservation. In the seminal case of
Montana v. United States, 450 U.S. 544 (1981), the court exempted the Big Horn River from their ruling, holding that the bed of the Bighorn River was not included within the grant of tribal lands to the Crow Tribe in their prior treaties, and thus upon the admission of Montana to the Union the bed of the Big Horn River (and thus the right to fish on the Big Horn River) passed from federal ownership to the state of Montana. ==Road and trail access==