Water lease to improve river flows for trout

By SHERRY DEVLIN of the Missoulian

Bull and cutthroat trout will find more water in a two-mile reach of the North Fork Blackfoot River this summer because of an unusual water rights lease announced Tuesday by Trout Unlimited and a North Fork ranching family.

The arrangement not only provides as much as 18.5 cubic feet of water per second in a stretch of the North Fork that nearly dried up in recent years, but also delivers enough to John and Irene Weaver's ranch to satisfy their irrigation needs.

That's because water will no longer leave the North Fork at the head of the losing reach - to flow through an irrigation ditch that lost about 90 percent of its flow before arriving at the Weaver place.

Instead, the water will stay in the North Fork, flowing through the losing reach to a new pump and pipeline system installed downstream - nearer the Weavers' fields and in a reach of river that gains water.

The result: the ranch gets the water it needs to grow grass and the stream gets the water it needs to allow safe passage for bull and cutthroat trout that migrate between the mainstem river and the North Fork's spawning gravels.

"Our commitment is to make sure there is water in the river," said Stan Bradshaw, staff attorney for Trout Unlimited's Montana Water Project. "This lease will help substantially."

There is, of course, nothing that Trout Unlimited or irrigators can do in the worst of drought years, Bradshaw said.

"There is no magic here," he said. "But in most years, this lease will help us quite a bit."

In addition, TU is working with other North Fork irrigators on similar leases, each tailored to meet the individual operator's needs.

The Weavers, though, are the first to sign a lease with the conservation group - an arrangement allowed by the 1995 Montana Legislature.

Under the legislation, water right holders can lease water to another entity without losing their rights or their priority date.

"It is a very good tool," Bradshaw said. "It's not a solution to every problem, because it requires willing parties. So it tends to be a deliberate, slowly growing tool."

The Weavers, though, were wonderful to work with, in Bradshaw's estimation.

"Over the years, they have done conservation easements on their land, now they've done this with us, and they're working on some grazing management projects," he said. "People like that deserve a lot more recognition than they ever get. They're really taking care of the land."

And now the river that flows alongside their land as well.

In late summer 2001, the North Fork of the Blackfoot River was dewatered so severely that bull trout were stranded in pools along a two-mile reach just downstream from the Lolo National Forest boundary.

Montana's Department of Fish, Wildlife and Parks rescued the fish by catching and moving them into the mainstem Blackfoot River.

Bull trout migrate out of the big river and into the North Fork to spawn, then return to the Big Blackfoot each fall.

The tributary's losing reach - created when the stream flows through coarse glacial till - can be almost completely dewatered by the combination of irrigation withdrawals, drought and the natural outflow.

"The water goes through that big rocky stuff like a sponge," Bradshaw said. "It just drops through the bottom of the stream and into the groundwater."

A few miles downstream, though, the groundwater flows back into the North Fork.

That's where the irrigation system is located, a pump and pipes that will feed a new center-pivot irrigation system on the Weavers' ranch.

With help from the family, Trout Unlimited put together the $55,000 needed to finance the new irrigation system. That's the Weavers' payment for the water rights lease.

"They'll be able to continue irrigating, while we'll be able to keep more water in the reach where we need it the most," Bradshaw said.

Bradshaw said the Blackfoot is "one of the main strongholds for bull trout in Montana and the North Fork is the most productive bull trout stream in the Blackfoot system."

"So this agreement is enormously important, as are the others we are continuing to negotiate," he said. "What is great here is the progress that's been made for bull trout - all of it entirely cooperative and collaborative, start to finish."

Bull trout are protected as a threatened species under the federal Endangered Species Act.

Bradshaw is part of Trout Unlimited's Montana Water Project, an effort funded by the national organization and charged with "finding ways to improve streamflows for trout in Montana."

"That's exactly what we've done here," he said. "There's no instant gratification in the water rights business. It takes a lot of time to negotiate and gain approval for these kind of arrangements.

"But look at what we've achieved - for people and for fish."

Reporter Sherry Devlin can be reached at 523-5268 or at sdevlin@missoulian.com


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