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<br />instream flows have been reserved only in the Yellowstone River <br /> <br />~ basin of southern Montana. Nearly 4 million acre feet have been <br /> <br />reserved annually for instream uses in the basin above the <br /> <br />river's confluence with the Bighorn River with a priority ahead <br /> <br />of all future agricultural uses. In the lower basin, a 5.43 <br /> <br />milion acre foot per year reservation was established for <br /> <br />instream flows, but was deemed subordinate to water needed for <br /> <br />future irrigation. <br /> <br />Alaska's reservation program allows any entity or person to <br /> <br />apply for an instream flow right. The Department of Natural <br /> <br />Resources will issue the right if the applicant demonstrates <br /> <br />that the reservation will not affect prior appropriators, that a <br /> <br />need exists for the instream reservation, that unappropriated <br /> <br />water is available, and that the proposed reservation is in the <br /> <br />~ public interest. The reSUlting instream flow right is <br /> <br /> <br />vulnerable, however, to future consumptive uses. The legislature <br /> <br />provided that the state shall review the reservation every ten <br /> <br />years to determine if it is still needed and consistent with the <br /> <br />public interest. [12] <br /> <br />D. TRANSFERRING EXISTING WATER ENTITLEMENTS <br /> <br />~ <br /> <br />In many basins of the arid West, waters have been fully <br />appropriated by consumptive users. Under these circumstances, <br />junior instream water rights are of little value in protecting <br />instream resources. An effective alternative for enhancing <br />natural flows in these areas is to acquire and dedicate existing <br />water rights to the stream. <br /> <br />-13- <br />