Various versions of HB117, which now awaits the governor's signature, have been around since 2003.

Tim Hawkes, then a staffer for Trout Unlimited's national office based in Utah, picked up the battle for the instream flow bill in 2005. He worked hard with legislators, agricultural groups, state agencies and other water interests on the bill and was on the verge of seeing it passed in 2007 when it hit a snag over endangered species concerns.

With those concerns addressed, Hawkes - now working at a law firm in Washington, D.C., but serving as a TU volunteer to get the bill passed - watched as the Instream Flow To Protect Trout Habitat bill sailed through the session this year.

Hawkes says the bill does not change the definition or principles of water law, but allows for a 10-year pilot program that makes it possible for farmers or ranchers to lease all or part of a water right on a temporary basis to groups like Trout Unlimited.

There are tight restrictions within the bill, but they are workable and understandable in a state where water is becoming more and more precious.

The instream leases are restricted to areas where the flows will help protect or restore habitat for Utah's three native trout species: BonÂneÂville cutthroat, Colorado River cutthroat and Yellowstone cutthroat.

That means most, if not all, of the leases will be on small headwaters in remote locations. Having the capacity to maintain flows in these important areas is absolutely better than the alternative of watching precious cutthroat populations on the verge of being listed as threatened on the endangered-species list suffer during low water years.

The bill also gives landowners greater freedom to manage their water rights for economic benefit and new incentives to protect the land and water that flows through their property.

Kudos to Hawkes, and Alan Matheson before him, for pursuing, pushing and following the instream flow bill into law. Credit also goes to bill sponsors Rep. Steve Sandstrom (R-Orem) and Sen. Peter Knudson (R-Brigham City) and the Legislature overall.

Now the onus is on Utah Trout Unlimited Chapters to make use of the opportunity to lease water once the bill becomes law as expected.

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* BRETT PRETTYMAN can be contacted at brettp@sltrib.com. His phone number is 801-257-8902. Send comments to living editor@sltrib.com.

Find out more

To read the Instream Flow to Protect Trout Habitat bill, visit le.utah.gov/~2008/bills/hbillamd/hb0117.htm.