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Montana sponsor seeks guarantee federal ownership and funding for Lower Yellowstone fish bypass
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Summary
Rep. Downing and local irrigation manager James Brower argued HR 6568 would lock Bureau of Reclamation responsibility for the Lower Yellowstone Fish Bypass Channel, citing repeated erosion, high maintenance costs, and risk of shifting costs to roughly 300 farm families.
Rep. Downing and James Brower told the subcommittee HR 6568 would protect local farmers and recovery investments by affirming that the Bureau of Reclamation retains ownership, operational control, and financial responsibility for the Lower Yellowstone Fish Bypass Channel. Brower, who manages the four irrigation districts served by the project, said the bypass is a federal ESA mitigation facility built on USBR land and described repeated erosion and repair costs.
Brower testified that Reclamation has spent more than $2,000,000 per year on repairs, that the bypass lost about 145,000 cubic yards to erosion within its first 100 days of operation, and that maintenance has averaged roughly $1,000,000 per year since opening. He said the facility was built to mitigate harm to the pallid sturgeon and that the districts were never asked to assume operation or maintenance responsibilities when it was constructed. Brower warned that shifting O&M costs to about 300 farm families would be economically untenable for his community.
Members pressed witnesses on who built the bypass and who controls the land; Brower and representatives said the Corps of Engineers and the Bureau of Reclamation were involved and that the bypass sits on USBR land. Brower urged that responsibility should follow authority and that federal ownership and funding be locked in to avoid leaving local communities to fund federal mitigation projects.
The subcommittee did not take formal action on HR 6568 and allowed follow‑up questions to be submitted in writing.
