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MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES ‐ LEGAL FRAMEWORK 1
Author(s) -
Thomas J. L.,
Klarich Duane
Publication year - 1979
Publication title -
jawra journal of the american water resources association
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.957
H-Index - 105
eISSN - 1752-1688
pISSN - 1093-474X
DOI - 10.1111/j.1752-1688.1979.tb00289.x
Subject(s) - water quality , recreation , wildlife , legislation , reservation , environmental science , legislature , water right , clean water act , drainage basin , fish <actinopterygii> , commission , environmental protection , water resource management , environmental resource management , water resources , fishery , law , ecology , geography , political science , cartography , biology
The Yellowstone River historically has produced an ample supply of high quality water which is widely used for irrigation, municipal and industrial purposes, recreation, and fish and wildlife. Recently, energy companies have attempted to obtain water rights in the Yellowstone basin for energy conversion facilities in coal‐rich southeastern Montana. Existing users fear that energy diversions will impair their rights, preclude expansion of present beneficial users, degrade water quality, and adversely effect fish and aquatic life. In response to these concerns, the Montana Legislature enacted several laws to regulate water appropriations in the Yellowstone River basin, including means by which state and federal agencies could apply for reservations of water for future beneficial uses. Thereafter, both the Montana Fish and Game Commission and the State Water Quality Bureau formally requested relatively large instream flows to protect fish and wildlife and to maintain water quality. This paper describes Montana's experience through December of 1977 with the administration of water in the Yellowstone basin under these laws; emphasis is placed on the major requests for instream flows. The final resolution of the reservation applications, and the related ramifications, will be discussed in a future paper.