Unofficial Draft Copy- 

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

 ■ ' LC0414 



authorization that includes a step-by-step explanation of the 



process from initiation to completion. 



(2) For purposes of undertaking the study described in 



subsection (1) and as authorized by law, the department of fish, 



wildlife, and parks and the department may engage in the 



activities described in this subsection. Except as provided in 



85-2-439, for purposes of this study, this section is the 



exclusive means by which the department of fish, wildlife, and 



parks may seek to change an appropriation right to an instream 



flow purpose. 



(a) The department of fish, wildlife, and parks, with the 

 consent of the commission, may lease existing rights for the 

 purpose of maintaining or enhancing streamflows for the benefit 

 of fisheries in stream reaches determined eligible by the 

 department pursuant to 85-2-437. 



(b) Upon receipt of a correct and complete application for 

 a lease from the department of fish, wildlife, and parks, the 

 department shall publish notice of the application as provided in 

 85-2-307. Parties who believe that they may be adversely affected 

 by the proposed lease may file an objection as provided in 85-2- 

 308. A lease may not be approved until all objections are 

 resolved. After resolving all objections filed under 85-2-308, 

 the department shall authorize a lease of an existing right for 

 the purpose of maintaining or enhancing streamflows for the 

 benefit of fisheries if the applicant submits a correct and 

 complete application and meets the requirements of 85-2-402. 



(c) The application for a lease authorization must include 



LC 414 

 B-3 



