Montana River Protection Bill Protects 98 Miles of Gallatin and Madison Rivers—But Carves Out Exceptions for Hydropower Dams

If you’ve ever been to Montana and seen the Gallatin, Madison, or Yellowstone Rivers, you know why they’re considered national treasures. They’re the backbone of the local economy, fueling everything from world-class fly fishing and tourism to the state’s massive agricultural industry with clean headwaters. This new piece of legislation, the Greater Yellowstone Recreation Enhancement And Tourism Act, aims to lock in protection for nearly 100 miles of these vital waterways.

The Great Outdoors Gets a Federal Shield

This Act officially designates five specific segments of the Madison, Gallatin, and related creeks (Hyalite Creek, Cabin Creek, and Middle Fork of Cabin Creek) as components of the National Wild and Scenic Rivers System. In total, we’re talking about roughly 98 miles of river that will now get special federal protection, mostly managed as "recreational rivers" or "scenic rivers" by the Secretary of Agriculture. For anyone who uses these rivers—whether you’re a local angler, a rafting guide, or just someone who relies on clean water—this is a big deal. It means these stretches are protected from future development that could mess with their "outstandingly remarkable values," like clean water and natural beauty (SEC. 2).

Crucially, the bill is careful to respect existing rights. It explicitly states that this designation won't touch existing water rights—federal, Tribal, or state—that are already on the books. Furthermore, the government can’t use eminent domain to buy up private land within these new protected boundaries; they can only acquire property if the owner agrees to sell it (SEC. 3). This is important for private landowners who might worry about federal overreach when a river on their boundary gets a new designation.

The Hydropower Carve-Out: Energy vs. Environment

Here’s where the policy gets interesting—and a little complicated. While the bill is designed to protect the rivers, it also makes sure that existing energy infrastructure is completely safe. Specifically, it names the Hebgen Dam and Reservoir and the Madison Dam and Reservoir, noting that the new protection zones don't affect them since the dams are outside the designated segments (SEC. 3). That’s fair enough.

However, the bill goes a step further: it creates a specific regulatory exception. If the Federal Energy Regulatory Commission (FERC) considers a license renewal or expansion for those dams, the rules governing energy licenses (Section 4(e) of the Federal Power Act) will take precedence over the conservation rules of the Wild and Scenic Rivers Act (Section 7(a)). What does this mean in plain English? It means that when it comes to regulating these specific dams, the law prioritizes keeping the lights on and the existing operations running over the potential constraints of the new conservation designation. While the dams can’t physically expand into the newly protected river segments, the regulatory framework is clearly skewed toward existing energy production.

The Real-World Trade-Off

For the average person, this bill is a win for recreation and tourism. It formalizes the protection of these spectacular rivers, ensuring that the water remains clean and the fishing remains world-class for decades. If you run a small business that depends on tourists visiting the Gallatin, this provides long-term stability.

But the dam exception is a classic policy trade-off. While it reassures the operators of those dams—and anyone relying on the power they generate—that their operations won't be suddenly shut down by a conservation law, it also means that conservation advocates won't be able to use the full force of the Wild and Scenic Rivers Act to push for stricter environmental conditions on those specific energy projects during future licensing reviews. It’s a clear message: conservation is the goal, but not if it significantly disrupts current hydropower operations.