Over the past several months, I have had the opportunity to discuss water issues with local irrigators, developers, and conservationists in Carbon County to hear their concerns and get feedback from Montana Fish, Wildlife, and Parks (FWP) and the Department of Natural Resources and Conservation (DNRC). I appreciate FWP Director Christy Clark taking time to visit House District 55 to discuss concerns about FWP's proposed purchase of a West Fork Rock Creek Instream Flow Water Right.
Based on the information available, the proposed FWP purchase of the instream flow is problematic from several perspectives. One of the stated purposes of the purchase is to "legally provide cold and connective water to a stream that chronically suffers from dewatering and a dry riverbed in drought years."
All parties involved in the discussions are concerned about maintaining year-round flows, fish, and fish habitat, but reasonable folks disagree on how to maintain them. For example, the amount of the flow appears to be less than what could be diverted to begin with, so why should we spend taxpayer dollars on a purchase?
Second, stewardship of the water in these drainages by farmers and ranchers predates statehood in 1889. The local water commissioner ensures that each water right holder receives their allocation as water is available. I believe this management – which involves daily monitoring and decisions on releases from both Glacier Lake and Cooney Dam – is best accomplished locally. Even though this purchase represents a relatively small amount of the overall flow, it sets a dangerous precedent to erode local control.
Finally, I expect that there will be a formal legal review to determine if the water rights in question still exist or have been abandoned. Individual property rights are foundational, and rightful owners should be able to realize that value through a sale. But we should ensure that the water rights exist and were not abandoned by the same standard that is applied to every other water right holder that might want to pursue a private sale.
One item that everyone agreed on was pursuing additional water storage for the benefit of all. Water Commissioner PJ Bertolino spoke of the benefits of potentially increasing the height of the dam at Glacier Lake. Local stakeholders also proposed creating additional water storage on the West Fork. I will continue these discussions and explore state and national resources that could help us increase water storage and sustainable instream flows throughout the year.
The Growth and Opportunity (GO) Trust that we passed in the 2025 session with House Bill (HB) 924 is an example of the types of initiatives that can help address exactly these kinds of needs – funding water storage projects and catching up on rural bridge maintenance – while preparing Montana for the future and building a legacy for our kids. The GO Trust set aside volatile surplus revenue to provide stable funding for priorities like these.
I grew up on a farm and ranch in Southwest Oklahoma, spending my youth – before the Army – working for my dad, a still practicing large animal veterinarian now in his mid-80s. We raised horned Hereford cattle, wheat, and dryland cotton. Agriculture and ag infrastructure are part of our essential infrastructure and vital to our national security. I will continue to protect our local water rights and work toward solutions that serve the needs of the entire community.
If you were not able to attend the first Official Carbon County Republican Central Committee Debate in Joliet on March 27th, you can watch the video of it on my Facebook page. I appreciate those who attended and the opportunity to answer all of your questions. You also have two additional opportunities to hear from me and ask questions:
- Second Official Carbon County Republican Debate at the Bridger Elementary School on April 16th at 7 pm
- Third Official Carbon County Republican Debate at the Red Lodge Elks Club on April 30th at 7 pm
I hope to see you all at these events and look forward to answering your questions. It is an honor to serve you.
Brad Barker
Representative
House District 55 (Carbon County)
brad@bradbarker.com
bradbarker.com
https://www.facebook.com/Representative.Barker
406-426-1034
