BASIC STEPS FOR THE CLARK FORK 

 IN-STREAM FLOW PILOT PROGRAM 



Step #J. Work with local landowners to identify a potential opportunity for 

 voluntarily dedicating an existing full or partial water right for in-stream 

 flows that protect or enhance a fishery. 



Step #2. Determine which route the water-right holder wants to take: 



A. Voluntarily leave water in-stream through DNRC's "change of use" 

 process; or 



B. Voluntarily leave water in-stream under the "change of use" process 

 through a lease with a private party or public agency. 



Step #3. If practical, the water right holder and potential lessee should 

 contact the local watershed group and potentially affected water right holders 

 to discuss the plan for the voluntary change of use. The water right holder 

 should attempt to deal with potential objectors at this stage. 



Step #4. Water right holder, or lessee and lessor put together draft lease 

 agreement and/or plan. The lease agreement should include descriptions of: 



• existing water right and historic use 



• affected stream reach 



• period of temporary change 



• how the change of use will benefit the fishery 



• how much water will be left in-stream 



• how the change will not adversely affect other water right holders 



• season of change, and amount of water affected 



• measurement method 



Step #5. File a "change of use" application with DNRC, describing the water 

 right, point of diversion, method of measurement, and other necessary 

 information. 



Step #6. DNRC files a public notice on the change, inviting objections to the 

 change of use. 



Step #7. If there are no valid objections, DNRC makes a decision on the 

 change. 



Step #5. If DNRC approves the change, the measurement device is installed 

 and the in-stream flow plan is put in place 



Step #9. The change/lease will be evaluated for adverse impacts on other 

 water users 5 years after it goes into effect, but only upon formal request to 

 DNRC by a vaUd water right holder who claims harm. 



Step #10. The change/lease will be included in the 10-year pilot program 

 requested by the Legislature; a report on the study will be submitted 10 years 

 after legislative enactment, which will be 2005. 



B-9 



