ELBOW LAKE - I am a leaseholder at Elbow Lake, responding to the draft Environmental Assessment (EA) regarding the proposed removal of the Elbow Lake “dam” (more accurately “weir”). My lot is situated below the weir, so I may be personally less affected than some of my fellow Elbow Lake cabin owners. Nevertheless, while I support the goal of upstream bull trout passage, I am opposed to removal of the weir for the following reasons.
1. Elbow Lake has existed as a lake at least since the mid-1950s, when some of the first state leases were issued. The weir is not “a new appropriation of water.” The impoundment predates the 1973 Montana Water Use Act and should therefore enjoy historic stream rights. It was incumbent on the relevant state agencies to file for water rights within the stipulated time period.
The long history of Elbow Lake as a lake is reflected in:
- The DNRC’s reference on its website to “Elbow Lake.”
- The map within the EA that features “Elbow Lake.”
- My DNRC lease (renewed just this year), for a lot on “Elbow Lake,” not on the Clearwater River and the attached certificate of survey that refers to “Elbow Lake.”
- The appraised values (on which lease fees are based) on Elbow Lake, which are higher than those for DNRC-owned lots on the Clearwater River south of Seeley Lake – even where the Clearwater River lots are much larger than the Elbow Lake lots.
2. I appreciate that the state is obligated to address concerns about upstream fish migration. However, the draft EA oversimplifies a more complex issue. In the 70+ years since this stretch of the Clearwater River was dammed, it has become habitat for beavers, otters, lake birds, toads, deer, elk, fox, grizzly bears, black bears and mountain lions, not to mention new types of plant life. The EA doesn’t adequately address the effects on these species, even those listed as endangered. Proceeding without conducting a detailed Environmental Impact Statement that studies the impact on the entirety of the current Elbow Lake ecosystem would be irresponsible if not illegal.
In addition, the EA misrepresents the size of the weir (Figure 3) – it has for at least the last few years been low enough to float over in a boat, as many rafters coming down from the Wild Mile could attest – and minimizes the potential impacts on the human environment, not the least of which is property values.
3. I absolutely support the state’s goal of enabling the passage of bull trout upstream. This has been successfully addressed in other locations on the Clearwater lake system through other means, such as fish ladders, rather than permanent removal of dams or weirs. Similar alternative solutions should be explored for Elbow Lake.
Surely a solution can be found for Elbow Lake that will allow fish passage while mitigating the effects on the species that have populated the lake since it was dammed in the 1950s (or earlier) and while also preserving property values. I urge the FWP and DNRC to engage with the Elbow Lake cabin owners who have offered to work in partnership with the state to find a workable compromise.
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