A lawsuit has been filed against Montana Fish, Wildlife, and Parks (FWP) due to the agency’s alleged inaction with the flows on the Beaverhead River in southwest Montana.
The Upper Missouri Waterkeeper, Alliance for the Wild Rockies, and Save The Bull Trout joined together to ask the Lewis and Clark County District Court in Montana to compel FWP to answer for why the agency isn’t using its instream water rights to protect the Beaverhead from extremely low flows.
A few weeks ago, it was announced that the Beaverhead would drop to its minimum winter flow of 25 cubic feet per second below Clark Canyon Dam. This minimum flow is in response to the reservoir behind the dam remaining at roughly 30% capacity, and back-to-back dry years for the area. The dam functions primarily as an irrigation storage facility, although it has created one of Montana’s most revered tailwaters, as well. The Beaverhead is one of the most productive fisheries in Montana for large brown trout, and draws anglers from all over the country.
The three conservation groups who filed the lawsuit are asking the court to compel FWP to explain why they haven’t exercised their senior instream water rights, which would allow FWP to keep the Beaverhead running at a maximum of 200cfs throughout the winter. Those conservation groups contend doing so would help the brown trout was they prepare to spawn, ensuring better survival of the next year-class of fish.
FWP owns a water right dating 1931 in the Beaverhead, pontentially allowing the agency to issue a call for its water before any downstream users get their water. It’s not clear from the lawsuit filing if this would eliminate some water for junior rights holders, which could jeopardize the agency’s relationship with ranchers and landowners in the area. This is the second time in recent years that FWP has been sued over its management of instream water rights, although last year’s suit was over the agency’s use of water rights statewide.