Brett French | Billings Gazette
Out of the numerous Rock Creeks that squiggle their blue lines across Montana maps, the one draining from the state’s highest mountain range is seeing a “significant problem” at its lower reach in “almost all years.”
In response, the Montana Department of Fish, Wildlife & Parks is seeking to acquire two senior water rights along the West Fork of Rock Creek, just outside the community of Red Lodge.
The need for water to keep fish alive is pressing.
“In 2021 FWP staff documented Rock Creek as completely dry at Water Birch Fishing Access Site, between Fox and Roberts, the furthest upstream FWP has documented the drying up of the channel, a relatively common occurrence farther downstream,” FWP wrote.
10-year deal
The agreement would be good for 10 years and must be approved by the Montana Department of Natural Resources and Conservation, which oversees the state’s water rights system. The agreement could be renewed at the end of the 10 years.
“FWP is working with the owner of the rights to help change them to instream flow and has an agreement to purchase the rights for $330,000,” the agency wrote in its proposal to the Fish and Wildlife Commission, which will take up the matter at its Feb. 12 meeting.
The money could come from a water lease paid by MaltEurop for access to water from Giant Springs in Great Falls.
“FWP estimates that once the change is complete 2.0 cubic feet/second (cfs) could be protected in the West Fork and 1.2 cfs in Rock Creek,” the agency noted.
A draft environmental assessment for the purchase went out in September. The commission will take public comments on the proposal, along with others on its docket, through Jan. 27.
Dewatered
The water is especially vital to the creek at its lower end, just before it flows – or doesn’t flow, in this case — into the Clarks Fork Yellowstone River, a tributary to the Yellowstone River.
FWP classifies Rock Creek as “chronically dewatered from Red Lodge to its mouth.”
“Maintaining connection between pools in the streambed with even small amounts of flow restoration helps the fishery to withstand severe drought conditions by improving water quality and lowering water temperature in addition to allowing fish to move through the stream more easily,” FWP’s Region 5 supervisor, Mike Ruggles wrote, in his decision notice.
To ensure the purchased water remains in the creek, FWP is proposing to install downstream water level loggers.
Old water rights
The water rights, which date back to 1889, are being purchased from Billings resident Ronald Henry, a former real-estate developer, according to DNRC documents.
The 120 acres of land to which the water was diverted became the Remington Ranch residential subdivision, just west of the rodeo grounds. The water hasn’t been used for 20 years, according to FWP, and the water rights were severed from the land since future use would not occur.
Although FWP will divert the entire 255 acre feet of water at the headgate, only 97 acre feet would be protected all the way downstream, the DNRC noted. An acre foot is enough water to irrigate one acre with 1 foot of water.
Yet even that small amount of water could help boost the popular Rock Creek fishery.
“Maintaining connection between pools in the streambed with even small amounts of flow restoration helps the fishery to withstand severe drought conditions by improving water quality and lowering water temperature in addition to allowing fish to move through the stream more easily,” FWP wrote. “During less severe conditions, improved streamflow increases fishery habitat improving resulting in an overall benefit to the fishery.”
Comments on the purchase can be made online via the form or by writing to P.O. Box 200701, Helena, MT 59620-0701.
Feature Photo by Brett French
