WSPC04680

• File Number: 8040.950
• Description: Section D General Studies-General Water Studies
• Date: 11/23/1983
• Title: Report on River Conservation Programs in the 50 States-Working Draft-Prepared for National Association of State River Conservation Programs
• Water Supply Pro - Doc Type: Report/Study

0112459

MONTANA

Montana does not have a legislatively authorized river protection program
at present. Legislation was introduced several years ago to establish a program
but was defeated. As is true of other states, however, Montana does have several
other laws that serve to provide some measure of stream protection. One of
these is the Water Quality Act. This provides the basis for setting quality
standards, relating to protection of aquatic resources. Second, the Stream
Protection Act of 1963 constrains state agencies from altering a stream
channeL

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The Streambank Protection and Land Preservation Act of 1975 constrains
private landowners from physically altering streambanks. And, the Montana Water
Use Act of 1973 contains a provision that allows state agencies to make instream
flow reservations. This is considered to be important in the semi-arid west
where many streams are subject to depletion as a result of irrigation and other
uses.

Public access to Montana's streams and rivers is a growing concern. The
access problem predominantly concerns the public's right to travel the stream
corridor through private land, During the summer of 1981 two rivers, the
btaverhead in southwestern l10ntana and the Dearborn in central Montana are
awaiting litigation between the private landowners and rivers users, to
deterr.ine their navigability status and consequently the public's right to use
the channeL At this time, only three :~ontana rivers have been found to be
navigable in law:

1. The Gallatin downstream from Taylor's Fork
2. The Nissouri downstream from Three Forks.
3. The Bighorn downstream from the mouth of the Little Bighorn.

Extensive work on stream and stream bank preservation has been done with
conservation easements on a 26 mile stretch of the Blackfoot River in west
central ~~ntana. TI.is work is far from complete, but some landowners have
already donated their riparian development rights to the state. In exchange the
landowner enjoys a reduced property tax, based on the change in value of his
land, after the donation In addition, the state is seeking a 50 foot public
trespass easement along both shores of the river in return for a series of
designated state or federal camp sites and increased manage~ent attention by
the state. This concept, which is not dependent upon navigability or wild and
scenic status is working to provide recreational access on the Blackfoot. The
state is considering expanding its application to other Montana rivers,
especially the ,~dison and Smith.

NATIDNAL RIVERS

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In Cctober of 1976 two '~ntana rivers were designated as components of the
National Wild and Scenic River System, A 149 mile segment of the Missouri River
from Fort Benton to the Fred Robinson Bridge is managed by the Bureau of Land
~~nagewent. Two hundred and ninteen miles of the Flathead river is managed by
the Forest Service as follm,s:
North Fork of the Flathead--entirely within the U.S.
i'lidale Fork of the Flathead--entirety
South Fork of the Flathead--headwaters to llungrey Horse Reservation

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