was entirely diverted for irrigation. The channel was gradually obliterated below the diversion 

 point. The lease will retain in the creek all the water formerly diverted and, coupled with the 

 habitat improvement, is expected to improve westslope cutthroat spawning capability. The lease 

 agreement was completed in March, 1996 and the "change" approved by DNRC in October, 

 1996. The lease was first implemented in 1997. 



Mol Heron Creek. The tenth lease is with a private ranch on Mol Heron Creek, a cutthroat 

 spawning tributary to the upper Yellowstone River. The ranch is converting, with FWP funding, 

 from flood to more efficient sprinkler irrigation, thereby improving the instream flows that are 

 needed for cutthroat spawning and for the out-migration of young to the mainstem river. Leasing 

 of the salvaged water, as well as a minimum flow of 5.0 cfs, was finalized in May, 1998 when 

 the "change" was granted by the DNRC. The lease will be implemented in 1999. 



In addition to the above leases, FWP converted portions of its own water rights formerly used for 

 irrigation on the Blackfoot-Clearwater Wildlife Management Area (WMA) to instream flow in 

 Cottonwood Creek, a Blackfoot River tributary which flows through the WMA. This project 

 was accomplished under 85-2-439, MCA as a result of SB 144 in the 1995 legislature that 

 established an instream flow pilot program in the upper Clark Fork River basin. The conversion 

 was possible because of ditch lining on the WMA which improved the efficiency of the flood 

 irrigation system. Conversion of these rights will improve brown trout and bull trout spawning 

 in the stream and also help improve a westslope cutthroat trout population in its upper reaches. 

 The "change," which was approved by DNRC in October 1996, was implemented in 1997. 



Hearings were held by DNRC on two of the change applications (Cedar Creek and Tin Cup 

 Creek) to allow objections to the leases to be heard. No objections were received on the other 

 eight leases and no objections were received on the Cottonwood Creek conversion. 



A summary of the features and costs of the approved water leases is shown in Appendix A. 



Note: The Cottonwood Creek water rights conversion is also included in Appendix A. 



FWP has investigated over 100 potential water leases during the ten years of the program. Most 

 of them were not pursued because the water rights were: not located on a dewatered stream; too 

 small to help the stream; had a calculated consumed portion that was too small to benefit the 

 stream; in the wrong location; had a poor priority date; appeared to be an invalid water right; had 

 too short a period of use; had questions about abandonment; or, would have known adverse 

 effects on other water users. 



LEASING REOIimRMENTS 



Before a lease can be obtained, FWP must assess the impacts of potential leases on other water 

 right holders on the stream and seek approval from DNRC through the existing water right 



A-8 



