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Public Comment. Volume III - Montana Legislature

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Impact Analysis Studies and Proposed Mitigation Approach Page 2 .<br />

1.2 Site Description<br />

MCFH occupies a 242.25 acre site located west of Miles City, <strong>Montana</strong>. The land is used<br />

for hatchery facilities, related residential units, and un-grazed rangelands (MDSL et al.<br />

1989). The land is composed of two parcels obtained from the U.S. Fish and Wildlife<br />

Service (USFWS) and the National Park Service via the Land and Water Conservation<br />

Fund (LWCF). MT DFWP made an initial investment of $5 million to upgrade the<br />

hatchery for warm-water culture from 1987 to 1989 (MDSL et al. 1989). Since 1989<br />

FWP has made an additional investment of $1,500,000 to expand the number of rearing<br />

ponds at the site and other hatchery facilities. These improvements increased production<br />

capacity appreciably, but also brought the production area much closer to the proposed<br />

railway centerline. Four more one-acre ponds and a new boiler were added in 1999 at a<br />

. cost of $900,000 to enhance bass production to meet current requests (G. Bertellotti, MT<br />

DFWP personal communication, 1999). Two supply pipelines provide primary and<br />

secondary water sources for the 46 earthen ponds, 8 raceways, 320 incubation jars, 62<br />

early rearing tanks, and other facilities at the MCFH.<br />

1.3 Annual Budget and Revenues<br />

In fiscal year (FY) 1999, MCFH had an annual budget of $207,086.60 for all direct costs,<br />

a 28% decrease from the previous year (MT DFWP 1999). Approximately 70% of<br />

annual funding comes from Federal Dingell-Johnson Restoration Grant funds, with the<br />

remaining 30% of funding coming from state license revenues. In February of 1989, Jeny<br />

Blackard, Deputy Assistant Regional Director for Federal Aid for the USFWS, expressed<br />

concerns regarding any TRR-related damages to hatchery structures built with Federal<br />

Aid funds. According to Mr. Blackard, there is real potential for MT DFWP to lose<br />

Federal Aid hnding if MT DFWP loses control of these facilities including the water<br />

supply pipeline. This was confirmed by the Assistant Regional Director for Federal Aid<br />

(Mary Gessner) in a letter to MT DFWP on June 3, 1998 (See attached letters). Although<br />

it is not clear whether TRR operational impacts would constitute a "loss of control", if<br />

construction or operation compromised adequate maintenance, caused declines in<br />

production, or prevented MT DFWP from making timely repairs to facilities built with<br />

Federal Aid monies, including Dingell-Johnson funds, the MT DFWP could lose the<br />

source of a substantial portion of their annual funds. Without appropriate mitigation<br />

measures in place to ensure such impacts do not occur and funding is not jeopardized,<br />

MT DFWP cannot grant an easement.<br />

Fishing in <strong>Montana</strong> is a common recreational activity with 45% of residents participating<br />

in a fishing activity at least once during the year, 27 % of that participation attributable to<br />

non-fly fishing activities, and 5% attributable to ice-fishing (Ellard et al. 1999).<br />

<strong>Montana</strong>'s reservoirs attract many out of state visitors as well, and surrounding<br />

communities benefit from revenues generated by fishing.<br />

EQC Eminent Domain Study -223-

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