The State of Montana recognizes the Flathead River, main stem, as a navigable 

 waterway due to historical evidence of its commercial use. "Commercial 

 navigation on the upper section of the main river consisted of steamboat 

 traffic and log drives" (Heritage Research Center, 1986, p. 32). The state 

 claims ownership of the bed of the Flathead River outside the Flathead Indian 

 Reservation from low water to low water based on the Equal Footing Doctrine 

 (1844) and state statute. Islands forming out of the bed of navigable 

 waterways after Montana statehood (1889) would be claimed by the state. In 

 addition, abandoned channels or portions of abandoned channels within the GLO 

 meanders that result from avulsion are also claimed by the state. 



COMMON TERMINOLOGY 



Accretion, avulsion, and reliction are three terms used in describing river 

 changes over time. Bates and Jackson, 1980, describe these terms in the 

 "Glossary of Geology" as quoted in the following definitions. Accretion is 

 "the gradual or imperceptible increase or extension of land by natural forces 

 acting over a long period of time, such as on a beach by the washing-up of 

 sand or the accumulation of sediment deposited by a stream. " Rivers gradually 

 change their position over time through lateral accretion. Islands are formed 

 up out of the bed of a stream by vertical accretion. Avulsion is "a sudden 

 cutting off or separation of land by a flood or by an abrupt change in the 

 course of a stream, " such as "by a sudden change in current whereby a stream 

 deserts its old channel for a new one." Case law is well settled that the 

 part of land cut off by avulsion still belongs to the original owner. 

 Reliction is "the slow and gradual withdrawal of the water in the sea, a lake, 

 or a stream, leaving the former bottom as permanently exposed and uncovered 

 dry land; it does not include seasonal fluctuations in water levels." 



LOCATION AND GEOMORPHIC COMPOSITION 



Morris Island, is located between the middle and eastern branches of the 

 Flathead River's main stem in Flathead County, southeast of Kalispell, MT 

 (Figure 1 and Plate 1) . Plate 1 shows Morris Island outlined and dotted in 

 green in Sections 22 and 27, T28N, R21W, M.P.M. Two core areas are connected 

 by a channel zone, (see dashed lines in the northern portion of the island) . 

 Another channel area with some ponded water is present in the southern portion 

 of the island. Less mature vegetation in the northern channel area is visible 

 in aerial photographs. Part of the northern channel area appears to be a high 

 water channel and the southern channel area may be as well. The process of 

 sediment accumulation in the channels could result from reliction, accretion, 

 and/or avulsion. The channels could be high water features that have not been 

 eroded sufficiently to maintain continuous flow of the river through them. 

 When the water recedes it exposes the bed of the channel which is higher than 

 normal flow levels. The river may also leave behind new deposits in the 

 channels. The channels could also be abandoned by avulsive events, or these 

 areas could have gradually plugged with sediment, resulting in the river 

 moving around the cores in an alternative direction. Lateral accretion of 

 sediment to the island has been occurring on the northeastern side, the 

 southwestern side, and the southern tip, on the inside curves of the river. 

 The river has also eroded portions of the island as evidenced by cutbanks 

 exposed along shore and changes seen in the aerial photographic record. 



AGE OF TREES 



Counting of annual growth rings was utilized to determine the age of 13 trees 

 on Morris Island. Nine trees checked for age are cottonwood trees and four 

 are spruce trees. Table 1 lists the age of trees corresponding to the numbers 

 and approximate tree locations shown on Plate 1 and provides additional 

 information on these trees. The oldest of the three trees checked on the 

 north core is a cottonwood, CT-5, with 130 annual growth rings counted and an 

 estimated age of 147 years (1849) . The oldest cottonwood tree cored on the 



