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

but have leased some of their unused rights to MFWP for instream flow to improve Yellowstone

cutthroat trout spawning in Cedar Creek, another important tributary to the Yellowstone River.
This agreement was completed in December, 1993.

The sixth lease, completed in August, 1995, is the result of converting a flood irrigation system
to a gravity pipeline sprinkler system. It involves three individuals who irrigate from Hells
Canyon Creek, a Jefferson River tributary. The new system was completed in the fall of 1995
and the lease will become effective during the 1996 irrigation season. The lease is expected to
improve rainbow trout spawning and reproduction in the creek that will improve the fish
population in the Jefferson River.

The seventh lease is with an individual on Mill Creek where the first two leases were obtained.
He has considered leasing since the first two leases were obtained two years ago. However, he
preferred to wait and see how those leases turned out before committing himself. This person
is also on the pipeline and MFWP leases his salvaged water. The agreement was completed in
August, 1995 and will be implemented in 1996.

After the lease agreements were completed or, when it appeared they would be completed, FWP
submitted applications to DNRC to change the purpose and place of use of the water rights to
instream flow. Once the change applications were accepted by DNRC, public notices were sent
to potentially affected water uses and to local newspapers for publication. This allowed any
objections to the leases to be filed. Hearings were held on two of the change applications (Cedar
Creek and Tin Cup Creek) to allow objections to the leases to be heard. No objections were
received on the other five leases. All of these leases were eventually approved by DNRC.

COST OF LEASES

Appendix A summarizes the pertinent features and costs of the approved leases.

MFWP makes lease payments to lessors from a license fee account. No federal money is
involved. However, studies required to evaluate a lease can be paid for from a Wallop-Breaux
account (an account that receives funds paid to the federal government from manufacturers'
excise taxes on fishing equipment and on motor boat fuel). These funds are matched by license
fees.

At the beginning of the leasing study, The Montana Nature Conservancy in Helena, Montana
established The Montana Water Leasing Trust Fund in conjunction with a public attitude survey
of the need for instream flows. Surveyed persons were asked if they would be willing to
contribute to a fund to help pay for instream flow leases. Then, they were asked to actually
contribute to the fund. About $7,000 were raised and used to help pay for the second lease
on Mill Creek. The fund is no longer active.

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