Subcommittee 



Briefing 



November 12, 1997 



(fMissouia) 



EQC Update on 3 

 Montana instream 



Flow Programs 



November 13, 1997 



(Missoula) 



Update on Results 

 of Return Flow 



Studies 



Januarys, 1998 



(Helena) 



Review of DFWP 



(annual and draft 



final) Reports 



March 14, 1998 



(Helena) 



Further 



Subcommittee 



Discussions 



May 7, 1998 



(Great Fails) 



At the Subcommittee's November 1997 Missoula meeting, EQC staff provided 

 a brief review of the history of water rights in Montana, described methods 

 available in Montana to conserve instream flow, and summarized the three 

 instream flow programs addressed in Montana statutes. This was in preparation 

 for the update to the EQC the following day from representatives of each of the 

 three programs. After the briefing, the Subconmiittee discussed how the initial 

 attempts (late 1980's) at providing for instream flow leasing were extremely 

 controversial due to concerns that leasing would put a water right holder "one 

 step closer to abandonment" of the water right. 



At its November 1997 meeting in Missoula, the Council heard from 

 spokespersons for three different water leasing programs in Montana: the 

 DFWP water leasing study, the private-party water leasing program, and the 

 Clark Fork water leasing pilot program (see summary in Appendix B). The 

 Council discussed the role irrigation return flows can play in providing late- 

 season instream flows, and the concern that not every location or operation is 

 appropriate for conversion from flood irrigation to sprinkler irrigation. 



At its January 8, 1998, meeting in Helena, the EQC's Water Policy 

 Subcommittee heard presentations from DNRC staff on the results of the Flint 

 Creek return flow study. This topic is related to the instream flow topic because 

 irrigation return flows can be an important contributor to late-season instream 

 flow in some areas. The topic is also related to the component of the leasing 

 programs that requires the lease amount not be higher than the amount 

 "consumed" (e.g. amoimt applied, less return flow). 



At its March 14, 1998, meeting in Helena, the Subcommittee reviewed both the 

 aimual leasing program report and the department's draft final study report. 

 Neither report included department recommendations regarding the leasing 

 program. The Subcommittee discussed its role in assisting the Coimcil in 

 "completing" the report, the number of leases that had been negotiated, how 

 controversial the subject of leasing was when first proposed, and the need for 

 time for programs to establish themselves. The Subcommittee members 

 discussed options related to extending the statute, or removing the "sunset", as 

 well as removing the "cap" on the nxmiber of streams that could be leased from, 

 and the need to consult with stakeholders on potential legislative changes. 



At its May 7, 1998, meeting in Great Falls, the Subcommittee decided it would 

 draft a final study report for the leasing study separate from its water policy 

 report to the Legislature and its proposed HB 546 implementation oversight 

 report. It also decided that a 10-year extension of the statute was a good idea, 

 and requested information on the legislative deliberations in 1989, and on the 

 other leasing programs. Subcommittee members decided that polling relevant 

 stakeholders could provide some valuable information on whether (and, if so, 

 how) state sentiment had changed since the heated debates over this issue in 

 the 1980's. 



EQC/DFWP 1998 Water Leasing Report 







