42} 



Montana Council 



P.O. Box 7186 Missoula, MT 59807 (406)543-0054 



HB 472 



Temporarily Changing 



Water Rights for In-stream Flows 



What It Means and How it Works 



Allows an existing appropriated right to be temporarily 

 changed to in-stream flow to benefit fisheries. 



Allows private parties to temporarily lease an appropriated 

 right for in-stream flow. 



Is designed to ensure that only water historically consumed is 

 left in-stream, and that existing, valid water rights are not 

 harmed by the change of use/leases for in-stream flows. 



Requires appropriators who are considering changing an 

 appropriated right to in-stream flows to pubHsh in a local 

 paper a notice of their intent to apply to DNRC for a change of 

 use to in-stream flows. The notice must be pubUshed 30 days 

 before the application is submitted to DNRC. . 



Allows other appropriators to file objections related to the 

 change/lease with DNRC during the initial application process, 

 once during the period the use is changed and at the time the 

 application is renewed. 



These provisions sunset June 30, 2005, though exsting changes 

 of use and leases can be renewed for 10 more years if done 

 before that date. 



Directs the governor's office to convene an ongoing working 

 group to monitor the law's effects. 



Requires the working group in consultation with DNRC to report 

 to the 2001 Legislature on the status of activities that have 

 occurred under the law. 



B-4 



