Endnotes 



M->. The Mc>ntan;i FlDixlplain and FluoUway Management Act was prompted by the National Flood Insurance 

 Program, initiated in 1908. The Monuna law enables counties to adopt "flood loss reduction stan 

 dards" in keeping with the National Flood Insurance Program. Sec the Floodplain Management 

 Guidebook for local administrators. The guidebook, published by the Montana Department of Natural 

 Resources and Conservation, describes federal and state floodplain regulations. It also gives sample 

 local ordinances and tells how they can be administered. 



■i". Gary Fischer. Supervisor of the Floodplain Management Program, Department of Natural Resources 

 and Conservation, personal interview. February, 1991. The permitting requirements for building in a 

 floodplain are indeed daunting. Depending on the location, a builder might need to obtain the .Mon- 

 tana Stream Protection Act 12-4 permit, the Montana Floodplain and Floodway Management Act flood 

 way development permit, the short-term exemption from Montana's surface water quality standards 

 (3A authorization), the Montana Natural Streambed and Land Preservation Act 310 permit, the Mon- 

 tana land use license or easement on navigable waters, the Montana Water Use Act v^•ater right permit, 

 the Federal Clean Water Act -iO-t permit, permits required under the Federal Rivers and Harbors .\ct. 

 and other laws in%olving mining authorization, septic system installment and pollution discharges. L'nder 

 the Montana Floodplain and Floodway Management Act. sewers are not allowed within the 100-year 

 floodplain. 



-48. Mike Kahoe. Granite County Planner, telephone interview. February. 1991. 



49. "Rules and Regulations Governing Individual Sewage Disposal Systems," Granite County; "Missoula 

 County Health Department. Regulation No. 1. governing sewage treatment and disposal systems," May 

 19, 1988. In 1990. Missoula County was using experimental state regulations which allowed sewage 

 systems closer than 10 feet to the groundwater level only with modern construction methods and after 

 testing in June and July (high groundwater period in the Rock Creek canyon). 



50. .Montana Land Reliance, op. cit. 



51. Even before the Montana Land Reliance publicized the easment option, some residents had placed 

 covenants on land they sold— specifying, for example, no subdivision smaller than five acres, no metal 

 buildings or no mobile homes, according to Adam Michnevich. One group of residents also pooled 

 resources to buy out a junkyard, and sold the seven-acre parcel to a man who built a single log home. 



52. John Wilson, Montana Land Reliance, telephone interview, January, 1991. Mineral rights held by the 

 government on some parcels are an obstacle to the creation of conservation easements, and landowners 

 may have to petition the Bureau of Land Management or the Forest Service to withdraw those areas 

 from mineral activity. 



53. The Rock Creek Advisory Council contributed $150,000; the Montana Department of Fish. Wildlife 

 and Parks contributed $60,000. 



54. U.S. Forest Service Land and Resource Management Planning Handbook: Standards for Wild and Scenic 

 Rivers. July, 1987 



55. "Designating Rock Creek in Montana as Part of the Wild and Scenic Rivers sytem," hearing before the 

 Subcommittee on Public Lands of the Committee on Interior and Insular Affairs, United States Senate, 

 Missoula, August 19. 1972. U.S. Government Printing Office. 19"2 This document illustrates beautiful- 

 ly the public's fears and hopes for Rock Creek during a critical era. 



56. Tom Cassidy. telephone interview. January. 1991. 



