Instream Flow Rights 



In 1969, the Montana Legislature passed a law that 

 allowed the Montana Fish and Game Commission to appropriate 

 water for instream flows in 12 "blue ribbon" streams. 

 Section 89-801 RCM 1947 (Chapter 345, laws of 1969) is the 

 authority for these appropriations. In the Columbia Basin, 

 these streams were Rock Creek near Missoula, the Blackfoot 

 River, and the Flathead River and its north, middle and south 

 forks. These appropriations were completed by the Commission 

 in December 1970 and January 1971 under the water law 

 procedures of that time and became known as "Murphy Rights," 

 after the sponsor of the legislation. This legislation was 

 repealed with the passage of the Water Use Act of 197 3 that 

 created the water reservation process. 



Rock Creek and the Blackfoot River are the only Murphy 

 Rights streams in the portion of the basin considered in this 

 report. Those rights are described below. 



Rock Creek (near Missoula) . Rock Creek has an instream 

 flow right with a priority date of January 6, 1971, from the 

 mouth to Ranch Creek (14 miles), and January 7, 1971, from 

 Ranch Creek to the headwaters (42 miles) . The following flow 

 quantities were claimed under Senate Bill 76: 



Stream Reach 



Mouth to Ranch Creek 

 (14 miles) 



Ranch Creek to 

 headwaters 



Blackfoot River . This stream has an instream flow right 

 with a priority date of January 6, 1971, from the mouth to 

 the Clearwater River (34 miles), and January 7, 1971, from 

 the Clearwater River to the north fork of the Blackfoot River 

 (18 miles) . The following flow quantities were claimed under 



3-4 



