Unofficial Draft Copy- 

 As of: November 2, 1998 (4:01PM) 



LC0414 



must also be in accordance with 85-2-403, and the lease of the 



right to salvaged water for instream flow purposes must be in 



accordance with 85-2-436 . 85-2-408 or 85-2-439 ." 



[internal Referencea to 8S-2-419: None.) 



Section 2. Section 85-2-436, MCA, is amended to read: 

 "85-2-436. (Ten^orary) Water leasing study. (1) The 

 department of fish, wildlife, and parks and the department, in 

 consultation with the environmental quality council, shall 

 conduct and coordinate a study that, at a minimum: 



(a) provides the following data for each designated stream 

 reach and each pilot lease entered into under subsection (2) : 



(i) the length of the stream reach and how it is 

 determined; 



(ii) technical methods and data used to determine critical 

 streamflow or volume needed to preserve fisheries; 



(iii) legal standards and technical data used to determine 

 and substantiate the amount of water available for instream flows 

 through leasing of existing rights; 



(iv) contractual parameters, conditions, and other steps 

 taken to ensure that each lease in no way harms other 

 appropriators , particularly if the stream is one that experiences 

 natural dewatering; and 



(v) methods and technical means used to monitor use of 

 water under each lease; 



(b) based on the data provided under subsection (1) (a) , 

 develops a complete model of a water lease and lease 



LC 414 

 E-2 



