OM Determines Another Yellowstone Island, Indian Crossing, to be Public Land
Indian Crossing Islands Study, October, 2013
By Mike Penfold, OM Field Program Director
This report is submitted by Our Montana. The work has been completed using the guidelines and interpretation of law as articulated by Tom Butler of the Montana Department of Natural Resources. The study area is located in Yellowstone County generally T1S, R26E, sections 2 and 11. The focus of the report is islands in the Yellowstone River. The purpose of the study is to determine likely ownership of islands we are calling, for this report, Indian Crossing Islands. This name comes from reported history of the area being used by herds of buffalo and Indians to cross the Yellowstone River. Sargent Pryor, of the Corps of Discovery, crossed a series of islands with horses in 1806. The River has several islands in this area which afforded the opportunity to cross the River during periods of low flow. Plats 10 and 11 show the significant changes caused by river action in a brief five-year period. It is clear that islands and river channels are in constant change in this particular reach of the river.
In summary, we conclude that there are two islands which are in the process of merging. The Northernmost island has arisen from the channel of the Yellowstone River and ownership should be asserted by the State of Montana. The Southernmost island has been modified by erosion and accretion and still contains original ownership by the City of Billings and therefore the modified island is owned by that City of Billings, Montana.
Following is the analysis by which we come to those conclusions. Our conclusions are based on study of land records, surveys, photographs and aerial images taken at various times over the decades, aerial images were geo referenced to more accurately determine island changes over time.
The area is bordered on the west by Mystic City Park of Billings, private land and two private campgrounds. See Plat 1, below. This aerial image was taken in 2011. The area outlined in green is the focus of this study.. The area is about 80 acres in size. The islands are vegetated with Cottonwoods (seedlings to approximately 60 years in age), willows, various grasses, shrubs and water based plants. Wildlife observed include cottonwood gallery birds species, water fowl, whitetail deer, raccoon and smaller rodents. Some weeds are on the island including Russian Olive, salt ceder, Knapweed, Leafy spurge and Thistle. Many flood channels are apparent although these islands are providing considerable recreational use by the public during low water periods. It appears that there is some trespass (long term camping) taking place on these islands. Soils include flood channels of sand, gravel and cobble to areas of sandy loam in older areas of the island.
This map (Plat 2, below) was downloaded from Topo Maps of Montana. It is based on the most current USGS maps. The area outlined in blue is about 80 acres in size and does not show the most current shapes of the studied islands.
Plat 3, below, shows current land ownership, from Yellowstone County records, projected on a 2011 aerial image. The plat indicates that the study area is partially owned by the City of Billings on the northeastern edge. County records show no owners for the bulk of the study area.
Plat 4, below, shows the original government land office survey maps. The surveys were completed in the 1880s. No islands are shown in the vicinity of the study area. This does not necessarily mean there were no islands in the location. History tells us that there were likely islands or at least sandbars that facilitated this area as a historical crossing area of the river.
Plat 5 is a 1937 aerial image of the study area. This image has current county recorded ownership geo referenced onto the image. Note that islands are clearly visible near the east bank and toward the center of the river. These islands will be deeded to the City of Billings in the future by the federal government. In 1937 these islands were considered federal in that they existed prior to Montana Statehood. There is a small un-vegetated sandbar near the location of the future Mystic Park. It will be seen that this sandbar builds into a vegetated island in the future.
Plat 6 shows a 1941 map of Billings. It is interesting in that the maps shows two islands in the middle of the river within the study area. It shows no island next to the private land and the area that will become Mystic Park. This should not be considered a legal map but is a point of interest.
Plat 7 is a 1950’s image with current county ownership records geo referenced onto the image. Note that the sandbar shown in the 1937 image is developing into a vegetated island. Note there is a sandbar near the southwest tip of the southern island. This sandbar seems to disappear in the 1980’s.
Plat 8. The federal government surveyed two islands in the study area in 1952. Lots 9, 10 and 12 were created. Note that lot 8 was identified but not surveyed. This is the small sandbar that can be seen in Plat 7. We believe lot 8 was eroded away by the 1980’s.
The City of Billings applied to the BLM in the 1980’s for a patent under the Recreation and Public Purposes Act. The City was successful and granted (deeded) the two islands for recreation and parks.
Plat 9. This is a partial map of Billings in the 1980’s; it covers the study area. Note that the islands are shown as “Big Park”. Those islands have been (or were about to be acquired) by the City of Billings during this period. The area next to what is now Mystic Park is shown as an island. The map developers at this time, in the 1980’s, recognized a new island next to the Mystic Park area. Note also that the area on plat 8, shown as Lot 8, is not indicated on this 1980‘s City map.
Plats 10 and 11. These aerial images show the changes to these two islands from 1937 to 2011. We have placed arrows on these images to make comparison somewhat easier.
A general conclusion is that Indian Crossing Islands are islands in a navigable river, the Yellowstone. Vegetation and soil on the islands is consistent with island development and modification by erosion.
Point A on the plats indicates a location on the island we believe is in State ownership. Note in the 1937 image the island is no more than a sandbar with a stream channel on both sides. In the 1950 image the sandbar has enlarged and started to become vegetated. It continues to have a stream channel on both sides. By 1996 and 2011 there is a vegetated island that is becoming attached to the West bank of the river. We conclude that this is an island that has formed by vertical accretion from the bed of the navigable Yellowstone River and is owned by the State of Montana.
Point B on the plats indicated a location on the island we believe is in ownership of the City of Billings. Note the 1937 and 1950 photos indicate a vegetated island. Geo referenced current ownership indicates the island was relatively stable during this period. The 1996 and 2011 images show that the main channel of the river has moved to the east and substantial new land has accreted to the west of the City’s ownership. By 2011 the channel west of the island has become more of a flood channel. This flood channel continues to separate the City’s island from that of the State. The City owned island has been eroded on the east and enlarged on the west by accretion. The accreted land is low elevation, vegetation is generally pioneer in nature, the land lies downstream or adjacent and connected to the City owned property. We conclude that this island is owned by the City of Billings.
Plat 12 is a series of current pictures (2013). These show vegetation and some flood channels. Note that Point A and Point B labeled on two of the pictures refer to the approximate points labeled A and 6on Plat 10 and 11.