Unofficial Draft Copy- 

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



LC0414 



of fish, wildlife, and parks has not leased additional water 



rights under this section by December 1 of any year, the 



department of fish, wildlife, and parks shall provide compelling 



justification for that fact in the study progress report. 



(b) A final study report must be adopted by the department 

 and commission and submitted to the environmental quality 

 council, which shall conplete the final report by December 1, 

 IPPO 2008 . 



(4) This section does not create the right for a person to 



bring suit to compel the renewal of a lease that has expired. 



(Terminates June 30, 1999--sec. 4, Ch. 740, L. 1991.)" 



{internal References to 8S-2-436: 



eS-2-102 85-2-102 85-2-102 85-2-102 



85-2-402 85-2-402 85-2-404 85-2-419 



85-2-437 85-2-437 85-2-437 87-1-257} 



Section 3. Section 85-2-437, MCA, is amended to read: 

 "85-2-437. (Ten^orary) Department designation o£ eligible 

 stream reaches. (1) The department of fish, wildlife, and parks, 

 with the consent of the commission, may apply to the department 

 for designation of stream reaches for which water leasing to 

 maintain or enhance streamf lows pursuant to 85-2-436 may occur. 



(2) The department may declare a stream reach eligible for 

 leasing pursuant to 85-2-436 only if it finds that water leasing 

 is necessary to maintain or enhance streamf lows for fisheries. 



(3) The department may designate no more than *& 4J2. stream 

 reaches in the state where water leasing pursuant to 85-2-436 may 

 occur. If the department of fish, wildlife, and parks determines 



LC 414 

 E-6 



