Havre Boating Accident Lawyer | Fresno Reservoir & Jet Skis

Havre, MontanaHavre Boating Accident

Havre Boating Accident Lawyers: Fresno Reservoir, Beaver Creek Park and Milk River Boat and Jet Ski Accidents

Boland Aarab PLLP.

If you were hurt in a boat, jet ski or towing accident at Fresno Reservoir, in Beaver Creek Park or on the Milk River, you can usually recover from the operator who caused it. Montana law also makes the boat’s owner liable for negligent operation by anyone the owner allowed to use it. Most claims must be filed within 3 years.

Hurt on the water near Havre, or lost someone in a boating accident? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do boating accidents happen around Havre?

Fresno Reservoir. The Hi-Line’s main boating water is Fresno Reservoir on the Milk River, northwest of Havre near Kremlin. Montana Fish, Wildlife & Parks describes it as a warm-water fishery of about 5,100 acres, known for walleye, northern pike and perch, and one of the most popular fishing destinations in northeast Montana (FWP, Fresno Reservoir). FWP’s Fresno Tailwater fishing access site has a boat launch, and camping is available on adjacent Bureau of Reclamation land (FWP site detail). On summer weekends, anglers, water-skiers, tubers and personal watercraft share the same water, and afternoon wind on open Hi-Line water can raise waves quickly.

Beaver Creek Park. Hill County’s Beaver Creek Park, south of Havre on S-234 toward the Bears Paw Mountains, has two lakes with their own rules. Motorboats are not allowed on Bear Paw Lake, and Beaver Creek Reservoir is a no-wake zone where all watercraft are limited to 10 horsepower (Beaver Creek Park rules). Canoes, kayaks, paddleboards and small fishing boats are the norm, so a violation of those limits is strong evidence of negligence when a small craft is struck or swamped.

The Milk River. Floaters, anglers and small boats use stretches of the Milk River. Low water, snags and irrigation structures create their own hazards.

What happens after a boating accident near Havre?

Report it. Montana requires an operator involved in an accident to give practicable assistance and exchange identification. An accident involving death, disappearance, injury or more than $2,000 in property damage must be reported immediately to the county sheriff or a game warden (§ 23-2-527, MCA). In Hill County, that means the Hill County Sheriff’s Office or an FWP warden.

Medical care. Near-drowning, head injuries and propeller wounds need immediate attention. Fresno Reservoir and Beaver Creek Park are remote enough that emergency response can take time. Most patients are taken to Northern Montana Hospital in Havre, which is not a designated trauma facility on the state’s November 2025 list (DPHHS). Serious injuries are often transferred to Great Falls or Billings.

Preserve the evidence. The water erases evidence. Keep the boat or personal watercraft unrepaired, save phone video and photos, and get the registration numbers of every vessel and the names of passengers and witnesses at the ramp.

Courts. A boating case from Hill County can be filed in the Twelfth Judicial District Court at the Hill County Courthouse, 315 4th Street, Havre (§ 3-5-101, MCA). Blaine County water east of Havre falls in the Seventeenth Judicial District. Cases against the United States, or against out-of-state defendants, are heard in the federal Great Falls Division (D. Mont. L.R. 1.2(c)(3)).

Does it matter who manages the water?

Yes. Different managers bring different rules.

Federal facilities. When a claim involves a federal facility, employee or contractor, such as a Bureau of Reclamation ramp, dock or dam structure, the Federal Tort Claims Act requires a written claim to the agency within 2 years (28 U.S.C. § 2401(b)).
County and state facilities. A claim involving Beaver Creek Park facilities or a state fishing access site requires written presentation to the government entity first (§ 2-9-301, MCA).
Admiralty. Federal maritime law applies only on waters that are navigable in the commerce sense. On dammed reservoirs and inland water used mainly for recreation, the Ninth Circuit has found no admiralty jurisdiction in a Montana case (Adams v. Montana Power Co., 528 F.2d 437 (9th Cir. 1975)), so Montana law is likely to govern at Fresno and Beaver Creek. We confirm it case by case.

Montana law that applies

Our Montana boating accident lawyer page covers the boating statutes in depth. The rules that matter most:

No boating under the influence. Operating a motorboat, a sailboat with a motor or a personal watercraft under the influence of alcohol, drugs or both is prohibited (§ 23-2-523(2), MCA).
Owner liability. A vessel owner is liable for negligent operation by someone using it with the owner’s consent, and consent is presumed for immediate family (§ 23-2-505, MCA).
Distance from anglers. Operators must stay at least 75 feet from people fishing, or slow to no-wake speed (§ 23-2-525, MCA). On a walleye reservoir like Fresno, that rule matters.
Personal watercraft. Every rider must wear a Coast Guard-approved life jacket, and a PWC must travel at no-wake speed within 200 feet of docks, swimmers and nonmotorized boats (§ 23-2-531, MCA).
Young operators. A child 12 or younger may not operate a motorboat or PWC over 10 horsepower without someone 18 or older aboard (§ 23-2-523).
Deadline. Most injury and wrongful-death claims must be filed within 3 years (§ 27-2-204, MCA).

Why hire a Great Falls firm for a Havre case?

We are based in Great Falls, on the Missouri River, and we handle cases statewide. For an accident at Fresno or Beaver Creek, we come to the water, the ramp and the boat, and we meet the family in Havre. Boating cases often turn on ownership, coverage and whether a federal or county facility was involved, and we address those questions from the first day. We have no office in Havre.

The Boland Aarab Way

We know Hi-Line juries. The Montana Supreme Court reinstated a Phillips County jury’s $168,500 verdict for our client on our appeal (Voegel v. Salsbery, 2023 MT 137).
We try cases. The firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom.
We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both belong to AAJ and MTLA.

Frequently Asked Questions

Who do I report a boating accident at Fresno Reservoir to? The county sheriff or a game warden, immediately, if anyone was hurt, killed or missing or damage exceeds $2,000 (§ 23-2-527, MCA). Get the report number.

A boat with a big motor hit my kayak at Beaver Creek Reservoir. Does the park’s horsepower limit matter? Yes. Beaver Creek Reservoir is a no-wake zone limited to 10 horsepower. Breaking that rule is strong evidence that the operator was careless.

My friend was driving my boat when the accident happened. Am I liable? Possibly. Montana makes an owner liable for negligent operation by someone using the boat with consent (§ 23-2-505, MCA). Your boat or homeowner’s policy may respond.

Does federal law apply because Fresno is a Bureau of Reclamation reservoir? Federal claim rules apply to claims against the United States, with a 2-year presentation deadline. Claims against a private operator usually follow Montana law.

How long do I have to file? Generally 3 years under Montana law (§ 27-2-204, MCA), but claims against government entities have earlier notice requirements.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.