The Upper Missouri River Breaks National Monument
created in 2001 -  the premier section of the Lewis and Clark Trail

 

About the Friends of the Missouri Breaks Monument

Mission Statement

The Friends of the Missouri Breaks Monument are conservationists, business people, hunters, anglers, hikers, river users, outfitters, farmers, ranchers, recreationists from across the great State of Montana and throughout the Nation. We inform and engage people about the Monument's awesome landscapes, its wildlife and its historical, cultural and scientific values. We advocate for the Monument's values on behalf of all Americans who share our vision and mission, and we promote environmentally responsible uses of the Monument that can benefit the towns and communities of central Montana. We actively monitor impacts on the landscape and the land-use planning processes so that we can inform and educate the public and develop cooperative conservation projects with the BLM and other partners. We seek to influence management policies with the ultimate goal of protecting the many natural, cultural and historical assets of this special place for generations to come.

 

Monument Proposed Water Rights Compact*

Reserve Water Rights Compact

The first of several public meetings and negotiation sessions on the BLM proposal for a federal reserved water rights compact commission with the State of Montana for the Upper Missouri River Breaks National Monument was held in Lewistown on January 31, 2012. There were about 60 citizens attending the meeting in addition to the 5 BLM presenters and 6 of 9 compact commission members.http://dnrc.mt.gov/rwrcc/AboutUs/commissioners.asp

The establishment of the Upper Missouri River Breaks National Monument by Presidential proclamation, January 17, 2001 proclam.htm states:

Because waters of the Upper Missouri River through the monument area have already been reserved through the Congress's designation of the area as a component of the National Wild and Scenic River System in 1976, this proclamation makes no additional reservation of water, except in two small tributaries, the Judith River and Arrow Creek. These tributaries contain outstanding objects of biological interest that are dependent on water, such as a fully functioning cottonwood gallery forest ecosystem that is rare in the Northern Plains. Therefore, there is hereby reserved, as of the date of this proclamation and subject to valid existing rights, a quantity of water in the Judith River and Arrow Creek sufficient to fulfill the purposes for which this monument is established. Nothing in this reservation shall be construed as a relinquishment or reduction of any water use or rights reserved or appropriated by the United States on or before the date of this proclamation.

Upper Missouri Breaks National Monument Compact is limited to protecting flows in Judith River and Arrow Creek. Water allocation will be based on identification of minimum in stream flows to protect existing cottonwood galleries and ensure future seedling recruitment. Junior priority date (June 17, 2001). Senior water rights will not be affected.

BLM proposal to water rights compact commission is requesting the same amount of water in Judith River and Arrow Creek as 1985 Montana Fish Wildlife and Parks base flow for fish established by the State of Montana.BLM Technical DataFor Judith River, BLM requests an instream flow for those flows remaining in the river at the time of the UMRBNM proclamation, subject to an amount for future development by the State of Montana. A base flow consistent and concurrent with the Montana Department of Fish, Wildlife and Parks (MT FWP) of 160 cubic feet per second (cfs) as measured at the stream gage on the Judith River is requested as the basis for the United States to place a call (stop) on junior water rights and an additional limit to new appropriations.

For Arrow Creek the proposal is structured similarly to the Judith River proposal; however, there are some differences including the instream flow values. The BLM requests an instream flow water right for those flows remaining in the river at the time of the UMRBNM proclamation, subject to an amount for future development by the State of Montana. The BLM is also requesting a base flow of 5 cubic feet per second from March 1 to July 31 of each year that would be the basis for the BLM to place a call (stop)on junior water rights. This map shows all water rights within the two basins since the 1880’s. All water rights in place at the time the Monument was established would be senior to the Monument's water rights. Included are about 700 exempt small domestic and stock certificates issued by the state during the decade after the Monument was established. These, as well as future exempt domestic and stock certificates, would not be affected by the BLM proposal. Also included on this map are several instream flow claims that were authorized under a compact with the US Forest Service. Instream flow claims would not be affected by the BLM proposal either.

But there have been 14 larger uses permitted since the Monument was established which have a junior priority date. One for 600 cutic feet per second of water has been rejected by the DNRC and the requester has gone to district court.

The next public meeting of the Compact Commission will be March 8 at the Lewistown Yogo Inn at 1:00 pm. BLM has been asked by the Compact Commission for clarification of their proposed issues:
1. Enforcement of the requested reservation.
2. Clarification of Main Stream Reservations (how far up the Judith River and Arrow Creek can a dam be constructed.
3. Measuring point on Arrow Creek

For more information contact Chad Krause BLM Lewistown 406-538-1908 or Commission Staff Hydrologist Stan Jones 406-444-1270.