Revise FWP instream water rights
If enacted, SB 304 would significantly alter how instream water rights are assessed and allocated in Montana. The new criteria will necessitate that any instream flow appropriations are based on detailed biological need evaluations, which could fundamentally shift the balance between water used for human activities and its preservation for ecological health. Additionally, the bill will enable the Department of Fish, Wildlife, and Parks to recalculate flow rates and annual volumes based on these assessments, thus potentially re-establishing priority dates to favor ecological needs over traditional use.
Senate Bill 304 is a legislative act aimed at revising the laws related to instream flow appropriations of water governed by the Department of Fish, Wildlife, and Parks. The bill mandates a determination of biological need for instream claims, shifting the focus toward using contemporary scientific data to justify water rights for fish, fisheries, and wildlife purposes. The legislation follows a precedent set by the 2002 Bean Lake III decision, which recognized non-consumptive instream water rights not requiring diversion for beneficial use. This move aims to reinforce environmental considerations alongside traditional water rights principles.
While supporters argue that the bill enhances environmental protection by ensuring sustainable water practices that benefit fisheries and wildlife, critics may contend that these changes could impact existing water users, especially during periods of drought or scarcity. Ensuring that the needs of biota are met could lead to tighter restrictions on water usage, which might not align with the interests of agricultural or industrial stakeholders who rely heavily on water consumption. Further discussions will likely center around reconciling ecological requirements with historical water rights claims to avoid legal disputes among different water appropriators.