WATER LEASING STUDY 

 FINAL REPORT 



"Rivers arc marvelous spirits. Perpetually singing and dancing, they amble merrily toward the ocean, where they 

 rejoin their cradle and their grave, lose their identities, and are mystically transported to the tops of the mountains to 

 begin new lives." 



—Constance Elizabeth Hunt, "Down by the River" 



"Rivers have what man most respects and longs for in his own life and thought — a capacity for renewal and 

 replenishment, continual energy, creativity, cleansing." 



—John M. Kauffinann, former American Rivers 

 board member 



INTRODUCTION 



The Water Leasing Study was first authorized by the 1989 Montana Legislature and amended by 

 the 1991 and 1993 legislatures. The study is codified as 85-2-436/437/438, MCA. Section 

 85-2-436 (2) (a) states 'The department offish, wildlife, and parks, with the consent of the 

 commission, may lease existing rights for the purpose of maintaining or enhancing streamfiows 

 for the benefit of fisheries in stream reaches determined eligible by the department pursuant to 

 85-2-437." This report was prepared under 85-2-436 (3) (b), MCA, which states "A final study 

 report must be adopted by the department and commission and submitted to the Enviromnental 

 Quality Council, which shall complete the final report by December 1, 1998." The "department" 

 is the Department of Natural Resources and Conservation and the "commission" is the Montana 

 Fish, Wildlife and Parks Commission. 



Staff of Montana Fish, WildUfe and Parks prepared a preliminary working document and 

 submitted it to the EQC staff for initial comment. The working document was then submitted to 

 the Water Policy Subcormnittee of the EQC for their comment. Finally, the document was 

 submitted to the Fish, Wildlife and Parks Commission, which subsequently adopted the report 

 and forwarded it back to the EQC. 



NEED FOR WATER LEASING 



During the early settlement of the west, the development attitudes and economics of the times 

 did not contemplate the recreational use of water in streams. The water resources were used for 

 economic development and no consideration was given to maintaining water instream for fish 

 and wildlife. Instead, emphasis was placed on the removal of water for mining, agricultural and 

 other purposes. After more than 130 years of water development in Montana, many streams are 

 over appropriated, resulting in them being "dewatered," particularly late in the simuner and most 



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