Gianforte directs FWP to not use Smith and Shields River water rights

[Schaaf]

The state of Montana declined to use water rights it holds for instream flow earlier this month on the Smith and Shields rivers following a directive from Gov. Greg Gianforte and agreement from Montana Fish, Wildlife & Parks.

State declined calling water rights on Smith, Shields

In the past 20 years, Montana Fish, Wildlife & Parks has called its Smith water right 11 times and the Shields water right six times.

helenair.com

To hell with the fish.

 

[Nameless Range]

Even if what they say is true, and that water left in the stream by junior rights would simply be extracted downstream by senior rights, as they themselves acknowledge, it would provide "local benefits". Some fish live or die on the state of certain reaches of stream retaining water - some deep holes being as deep as they can when cold blooded critters survive in the margins of their existence under the hot sun.

"Lemon noted that for these rights in this year’s extreme conditions, it would be difficult to quantify if the rights would put water in the rivers — a theme echoed in an agency memo and by the governor’s office."

I think we can all think of things that are difficult to quantify for which the difficulty in quantifying has little do do with whether or not something can be quantified. The real problem here is the epistemic primacy. They want proof that instream flows, though minimal, would benefit fish, when instead the burden of proof should be that they wouldn't.

Par for the course with this administration.

 

[Irrelevant]

That is absurd. There is no reason to have an instream flow right if you're not going to enforce it. 51 years ago people had some foresight. I bet they never guessed that all their hard work would simply be wiped away by some ass-hat who is choosing not to enforce it.

it seems a call would be ineffective at best and futile at worst,” Gianforte wrote.

I don't even know where to start with the criticism. It would be like gaining a public access easement then letting the private land owner block it simply because you can't easily estimate how many people will use it. It's ludicrous.