Downing and Daines introduce bill clarifying federal responsibility for Yellowstone fish bypass

Troy Downing, Member of the U.S. House of Representatives, representing Montana’s 2nd Congressional District
Troy Downing, Member of the U.S. House of Representatives, representing Montana’s 2nd Congressional District
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Congressman Troy Downing of Montana’s 2nd Congressional District and Senator Steve Daines have introduced the “Lower Yellowstone River Native Fish Conservation Act.” The legislation is intended to clarify that the Bureau of Reclamation (BOR) will continue to hold exclusive ownership, operational control, and financial responsibility for the Lower Yellowstone fish bypass channel. This channel was constructed to aid in the recovery of the endangered pallid sturgeon.

The bill aims to protect irrigators by ensuring local communities are not required to pay for federal projects or assume long-term conservation costs. According to Congressman Downing, “This bill provides a common sense solution to what should be a common sense issue on the Lower Yellowstone River. It’s good for irrigators, good for taxpayers, good for the sturgeon, and ensures long-term operational and financial stability for the Lower Yellowstone Fish Bypass Channel in Eastern Montana. I’m proud to have such a great partner in Senator Daines to champion this legislation and look forward to getting it across the finish line.”

Senator Daines stated, “Montana’s local communities should not be unfairly burdened by costly federal projects. I’m thrilled to work alongside Representative Downing to introduce the ‘Lower Yellowstone River Native Fish Conservation Act,’ which will help protect Montana’s endangered species and provide essential operational and financial stability for the Lower Yellowstone fish bypass channel.”

The Lower Yellowstone fish bypass channel was authorized in 2007 and built by BOR as a mitigation measure for harm caused to endangered pallid sturgeon. The bypass is separate from the Lower Yellowstone Irrigation Project (LYIP), which covers its own irrigation infrastructure costs. However, repairs needed on the bypass result from federal responsibilities, and LYIP has expressed concerns about being unable to afford or justify reimbursement for these repairs. In winter months, large pieces of ice can cause significant damage to these channels—damage that LYIP says it cannot afford.



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