EQC staff Poll 

 Stakeholders... 



June 1998 



Further discussions, 



and some DFWP 



suggestions 



June 25, 1998 



(Dillon) 



Review DFWP 



Recommendations/ 



Discuss Bill Draft 



August 4, 1998 



(Helena) 



Review Draft Reports 

 Prepare to Discuss 



with EQC 



September 4, 1998 



(Helena) 



At the request of the Subcommittee, EQC staff contacted the members of the 

 Consensus Council's Water Leasing Work Group. Although Work Group 

 members had participated in the discussion of the private-party program 

 (which became HB 472), rather than the creation of the DFWP program, the 

 Subcommittee suggested them as representative of persons knowledgeable of 

 instream flow issues from a variety of points of view. In addition to polling 

 these stakeholders, EQC staff also polled the lessors from the DFWP program. 

 The questions asked, and the results of this polling, are provided in Appendix 

 C. EQC staff also sent to Subcommittee members copies of relevant portions 

 of the record from 1989 legislative committee meetings on HB 707, including 

 the list of persons testifying. Also provided was the comparison matrix of the 3 

 leasing programs in Montana. Copies of the Subconunittee packet were 

 forwarded to DFWP staff. 



At its June 25, 1998, meeting in Dillon, EQC staff reported on the results of 

 the phone polling and Subcommittee members discussed the legislative record 

 from 1989. The Subcommittee again discussed whether to suggest extending, 

 or making permanent, the statute. Subcommittee members noted that there 

 were still concerns from the agricultural commimity regarding severing the 

 water from the land and reiterated the importance of return flows to late- 

 season instream flows. DFWP staff in attendance suggested the lease term be 

 extended to match water salvaging project investments. The Subcommittee 

 expressed concern that extending these lease terms might create disincentives 

 for members of the agricultiu^l commimity to engage in leasing. The 

 Subcommittee decided the idea of removing the cap was worth continued 

 investigation. The Subcommittee approved the outline proposed by EQC staff 

 for the leasing study final report, suggesting the polling results be included as 

 an appendix. It also agreed that the DFWP should complete its 

 recommendations, and the Commission adoption process, before the 

 Subcommittee finalized its recommendations to the Council. 



At its August 4, 1998, meeting in Helena, the Subconunittee discussed with 

 DFWP's staff its proposed final study report (now updated and containing 

 department recommendations). Although the DFWP's recommendations 

 included other suggestions for legislative changes. Subcommittee members 

 determined that, at that time, they only felt comfortable proposing the 

 extension of the program for another 10 years (and any related housekeeping 

 changes). EQC staff described the potential bill language. The Fish and 

 Wildlife Commission adopted the department's report at its meeting on 

 August 7th. 



At the Subcommittee's September 4, 1998, meeting in Helena, DNRC staff 

 confirmed that the DNRC had adopted the DFWP final report and endorsed 

 the DFWP recommendations. The Subconmiittee discussed the rationale for 

 the differences between its recommendations and those of the Executive 

 Branch, and further discussed several potential additions to the bill draft. 



H 



EQC/DFW? 1998 Water Leasing Report 



