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Stream Preservation Act 

 (Title 26, Chapter 15, Sections 1501-1504 R.C.M. 1947) 



The Stream Preservation Act authorizes the Department of Fish and Game 

 (DF&G) to review any project proposed by a state agency or political 

 subdivision which would obstruct, damage, or modify the existing form of 

 any stream. Plans and specifications of such action must address the 

 adverse impacts to fish or game habitat that may result from the proposed 

 project. Department of Fish and Game approval is necessary before com- 

 mencement of any activities. 



This act provides for protection of water quality from impacts caused by 

 road construction, drainage systems, and other stream modifications, 

 associated with silvicultural (and other) activities on non-federal public 

 lands. This act has been successfully utilized in several cases; the 

 DF&G has initiated four or five restraining orders and has successfully 

 prosecuted one county which was in violation (Bolan, pers. comm. , Feb., 

 1978). It is apparent that the legal framework exists to properly enforce 

 the Stream Preservation Act, however, other aspects of implementation 

 could be improved: 1) follow-up activities are necessary to ensure that 

 approved plans are being properly followed; this would require additional 

 field personnel; 2) evaluate the existing procedure of problem identifi- 

 cation and make necessary changes to provide adequate coverage of 

 violations. 



