RFCOMMENDATIONS 



PROBLEM: The water leasing statute expires on June 30, 1999. Since leasing was enacted in 

 1989, FWP has finalized 10 leases and is currently pursuing two others that have 

 potential to succeed. FWP has proven its ability to implement leases that benefit 

 fisheries and, at the same time, fully protect the interests of other water users. 

 Water leasing has proven to be a useful, although limited, tool for rewatering 

 some of Montana's chronically dewatered streams. Continued success is 

 dependant on the reauthorization of the water leasing statute. 



RECOMMENDATION: 



Reauthorize the water leasing statute, making it permanent. 



PROBLEM: A maximum of 20 stream reaches, designated by the DNRC, are eUgible for water 

 leasing by FWP. Thirteen stream reaches have been designated since 1990, the 

 year the first study reach was approved. If leasing is reauthorized, the 20 stream 

 limitation could soon be reached. 



RECOMMENDATION: 



Increase the 20 stream limit to an unlimited nimiber of stream reaches. 



PROBLEM: The leasing statute requires the DNRC to approve the stream reaches that are 

 eligible for leasing. The former Board of Natural Resources and Conservation 

 performed this task in an open forimi having public input and debate. After the 

 abolishment of the Board in 1995, the task was relegated to the staff of the 

 DNRC. Approval has since become more of a formality having little, if any, 

 public involvement. 



The public already has ample opportunity to voice concerns and objections to 

 proposed leases during a number of other steps in the leasing process. Public 

 comments are considered during: 1) the FWP Commission's approval of a study 

 stream for leasing; 2) the FWP Commission's approval of a water leasing 

 contract; 3) the Enviroranental Assessment (EA) process; and 4) the DNRC's 

 water right "change" process. Additionally, if lease funding is pursued through 

 the Future Fisheries Improvement Program (FFIP), fimding must be approved by 

 the 10-person FFIP Review Panel and the FWP Commission, which provide 

 added opportimities for public involvement. 



A-16 



