Water Leases To
Increase Stream Flow
In the 1980s and 1990s the Montana Legislature created
laws that allow individuals with water rights on streamswhich
by nature involve taking water out of the streams
for irrigation or other usesto convert their water
right to in-stream use.
Any conversion to an in-stream use requires
a temporary change authorization from the Department
of Natural Resource Conservation and must benefit
fisheries.
FWP is interested in working with senior water right
holders who no longer wish to use all of their appropriated
water. FWP will help develop salvage water projects,
assess water savings, and assist with the necessary
authorizations to change the water rights involved
in a leasing agreement. For more information, contact
Bill Schenk, Water Rights/Instream Flow Specialist,
at (406) 444-3175 or bschenk@state.mt.us.
TO PREVIOUS
PAGE
FWP
In-Stream Flow Rights Or Reservations
Montana Fish, Wildlife & Parks holds
in-stream flow leases, rights, or reservations on
a variety of stream segments in Montana. They operate like other water rights in the
state, except the right is aimed at keeping water
flow in the stream rather than diverting water out
of the stream, as most other water rights entitle
their holders to do. In extremely dry years, FWP, like other water
users, can request water users with rights newer than
FWPs to stop diverting water until FWPs right is
fulfilled in-stream. This is referred to making a call for water. While these in-stream rights are very junior
and therefore limited, FWP uses these tools to help
preserve fisheries during drought.
