9370 ‎(2)‎

• UCREFRP Catalog Number: 9370
• Author: Colorado Water Workshop.
• Title: 1996 Colorado Water Workshop.
• USFW Year: 1996.
• USFW - Doc Type: Western State College of Colorado.
• Copyright Material: NO

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ways to maintain and improve streamflows to provide fish populations that will satisfy the
angling public. Because many important fishing streams are already overappropriated,
streamflows can only be improved by putting some of the already appropriated water back into
the stream.

This is the concept of water leasing.

Why is water leasing important? The answer requires a brief discussion of the habitat needs of
fish. Generally, we think of stream fish habitat in terms of three components: (1) The physical
channel itself, (2) the quantity of water required to fill the physical channel, and (3) the quality
of that water. Instream flows represent the water quantity component of stream habitat. One
means to provide that component is to lease existing diversionary water rights and put that water
back into streams. This makes previously unavailable water available to improve the habitat for
fish.

However, Montana water law prevented this concept from being tried until 1989.

NOTE: Leasing is not the only means to acquire instream flows in Montana. Other programs
by which MFWP has acquired instream flows include the water reservation process established
by the 1973 Montana Water Use Act and "Murphy Rights" authorized in legislation passed by
the 1969 legislature. However, both these processes only allow the acquisition of unappropriated
water. A priority date is established which protects the status quo of streamflows from future
appropriation by junior water users, but does nothing to put water back into streams that suffer
from low flows.

LEASING LEGISLATION

The most controversial natural resource issue that came before the 1989 Montana Legislature
was HB 707, the water leasing bill. The issue arose primarily as a result of the 1988 drought's
impact on stream fisheries. The bill was strongly supported by the environmental community.
The introduced bill was strongly opposed by the agricultural community and was, at one point,
rejected by the Legislature. However, it was revived and, through amendments, approved in the
closing days of the session. It was signed into law in May, 1989.

A sample of newspaper headlines before and during the 1989 legislative session provides a
feeling of the debate that took place prior to the bill's approval:

"Water Fight: Irrigators, environmentalists see battle in '89 legislature" . Great Falls Tribune, Sept. 12, 1988.

(Then Governor) "Stephens supports water leasing bill". Ravalli Republic (Hamilton), Feb. 15, 1989.

"Debate boils over proposed water bill: Ranchers and recreationists disagree about the bill's intent and power".
Ravalli Republican, Feb. 20, 1989.

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