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MONTANA'S EXPERIENCE IN RESERVING YELLOWSTONE RIVER WATER FOR INSTREAM BENEFICIAL USES - THE RESERVATION DECISION1
Authors:J. L. Thomas  Duane Klarich
Abstract:
ABSTRACT: The Yellowstone River in Montana produces an abundant supply of high quality water, but in the early 1970's, the specter of mushrooming energy development in the drainage with its attendant demands for large volumes of water prompted this state to initiate steps to protect existing users and to control future water uses. A Water Use Act was passed in 1973, and a moratorium was subsequently placed on the granting of new permits for major diversion. During this moratorium, various governmental entities were given the opportunity to request the reservation of water for future beneficial uses, including instream purposes. An earlier paper described the reservation applications that were received by the state, and it also summarized the legal framework of the reservation process in Montana. Since that time, the responsible state agency has had the opportunity to review the reservation requests, and its final decision in this regard was announced in December of 1978. This paper describes the details of this decision. Basically, an attempt was made to preserve the integrity of the stream while also strengthening its agricultural uses. In addition, a portion of the flow was not earmarked which will provide some flexibility in reacting to future demands.
Keywords:Montana Water Use Act  opinion polls  flow reservation requests  hearings  reservations granted  instream flows  water use priorities  unreserved water
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