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E. The short-form license is available for projects less than 

 5 Mw and differs from the exemption in that the department's 

 terms, conditions, and stipulations are not considered by 

 FERC to be binding. Instead, they are considered by FERC 

 along with the applicant's position. The decision is made 

 by FERC on appropriate conditions, stipulations and miti- 

 gations for short-form license projects. 



II. Background 



A. Unlike regions of the United States having greater rainfall, 

 monthly stream flows in the mountain streams of Montana 



are almost totally dependent on the annual snowpack. As 

 a result, approximately 76 percent of the mean annual water 

 yield is passed in Montana's streams during the snow runoff 

 months (May-July), leaving only 24 percent for the remain- 

 ing nine months. Flows are lowest during the months of 

 November through March. During each of these five months 

 from 1.4 to 2.1 percent of the mean annual water yield is 

 passed, on the average. 



B. An extensive literature review (attached) has shown that 

 winter mortalities of trout in mountain streams are pri- 

 marily the result of catastrophic events caused by the 

 harsh climatic conditions. Anchor ice in particular is 

 very harmful to trout and other aquatic life. Since the 

 period of lowest flows in Montana coincides with the winter 

 months, added stress to the fish population could occur if 

 flows were further depleted. Winter flow depletions reduce 

 the amount of available living space for trout and their 

 food supply, and have the potential to increase the mortali- 

 ties resulting from catastrophic weather events by reducing 

 the escape cover. 



C. Given the fact that trout and their food supply are already 

 impacted, sometimes severely, by typical winter conditions, 

 which include the naturally occurring low flows, it is a 

 reasonable conclusion that winter water depletions will 

 aggravate an already stressful situation. Potentially, 

 winter flow depletions could lead to even greater winter 

 losses and the possible devastation of the fish populations. 



D. In response to small hydro applications for exemption or 

 short-form license, the department's approach in the past 

 has been to recommend a level of instream flow protection 

 that severely restricted or eliminated winter withdrawals 

 in most years. 



III. Guidelines 



A. Considering the severity of the winter environment and its 

 impact on a stream's carrying capacity, the department's 



