THE FUTURE OF LEASING 



Montana's leasing program is still somewhat in its infancy. We have seen more interest in 

 leasing as the original concerns subside and word spreads that leasing is not the bogeyman it was 

 first thought to be. Also, the "change" process protects those who believe a lease will affect their 

 water rights. 



FWP is currently investigating other potential leases. These are also on tributary streams to 

 larger rivers and would either improve spawning for these rivers or would improve the habitat for 

 fish that reside in the smaller streams year-round. Leasing is a relatively slow, complicated and 

 long-term process, with both avoidable and unavoidable delays in negotiating lease agreements 

 and getting approval fi-om DNRC. Leasing is not a panacea for addressing instream flow 

 problems but should be considered as one tool available for their solution. FWP will continue to 

 pursue leases in a careful and deliberate manner that will result in improving fisheries and other 

 riparian-dependent aquatic and terrestrial wildlife while, at the same time, protecting existing 

 water users. 



CONCLTJSTONS 



The Water Leasing Study was borne out of great controversy. FWP chose to take a very 

 deliberate approach to the study and was initially criticized for this approach. However, with the 

 passing of time, an ensuing dialog and on-the-ground experience, this criticism has waned. 

 Water leasing is also now more accepted, and even supported, by many of its former foes. 



FWP has been very careful in obtaining the leases it ciurently holds. Although many potential 

 leases have been investigated, only a small nimiber have been pursued to completion. Interest in 

 leasing is more prevalent now than it was during the first few years of the study. Water leasing 

 will not solve all of Montana's stream dewatering problems because of the complexity of 

 obtaining leases, the small quantities of water that are usually involved and the potential effects 

 on existing water users. However, because leasing is one tool that can help balance the 

 competing uses of a finite water resource, leases should continue to be cautiously selected and 

 pursued where they will benefit the fisheries resource without adverse effects on existing water 

 users. 



When considering the importance of water in Montana's streams, the many beneficial uses it 

 provides and the increasing demands among the various users, the future of water use may best 

 be summarized in the words of Justice Oliver Wendell Holmes, Jr.: 



"A river is more than an amenity, it is a treasure. It offers a necessity of life that must be rationed among 

 those who have power over it." 



A-15 



