Water-rights filings are non-consumptive, deadline nears

Lincoln County residents have just six days remaining to file objections to the water-rights claims on three area streams.

Legal notices published last month in The Western News by the U.S. Forest Service seeks water rights for in-stream fishery purposes on three local streams — Flower Creek, Pipe Creek and Hime Creek.

The legals state the maximum flow rate on the Himes to be 11 cubic feet per second; 17 CFS on Flower Creek and 8.5 CFS on Pipe Creek.

“I’m concerned because Flower Creek is the City of Libby’s water source,” said Lincoln County Presiding Commissioner Tony Berget. “We find out about this only because it’s in the paper? We’re still trying figure out what all this means.”

Objections to these rights must be filed on Objection Form No. 611 and must provide “substantial, credible” reasoning for those objections.

The specific statute pertaining to these requirements can be found at § 85-201401, Article VI, MCA. Objections must be postmarked by the Dec. 26 deadline and mailed to DNRC, P.O. Box 201601, Helena, Mont., 59620-1601. There is a $25 filing fee to the DNRC.

The form is available at the DNRC website at www.dnrc.mt.gov/wrd/

Despite the concern, U.S. Forest Service Regional Water Rights Program Manager Jed Simon  said the recently filed paperwork would be junior to those of Libby on the Flower Creek.

“Libby’s domestic water rights are not in danger,” Simon said. “Libby will have the right to water on Flower Creek. Two things you must know here, besides the fact these are junior rights by about 50 years to Libby,” Simon said.

“Also, these rights are nonconsumptive. They’re to protect the bull trout and cutthroat trout. That’s all. What they also do is add another interest into the water-rights mixture. By adding (these rights), it actually protects the Libby rights.”