Mitchell Slough Dilemma

When I stirred the pot over work being done to stabilize the banks of the Bitterroot River, I was called everything from a hero to a babbling idiot. Not being afraid to call it how I see it, I would like to start a new debate regarding Mitchell Slough. You might be surprised by my stance.

Since the courts have ruled that Mitchell Slough is a natural waterway and deserves public access under the Montana Stream Access Law, it has done two things. The first, and most obvious, is the general public now has legal access to once private waters. Most people applauded this decision, including me. However, after seeing what has happened to the slough, I have changed my opinion. Immediately after the courts made their ruling, the landowners, who own the water rights for Mitchell Slough, shut off all the supplemental river water that fed the slough. This is completely within their right. I believe they were attempting to discourage people from fishing but there is no question that the landowners made Mitchell Slough the fishery that it is today. Before they improved the habitat, Mitchell Slough was a de-watered and silted over dead zone. Only after spending A LOT of time and money did Mitchell Slough blossom into a trophy fishery, as well as a very important spawning grounds for Bitterroot River trout.

There is no doubt there are very large trout that can be caught on Mitchell Slough; but at what cost? Since there has been public access, Mitchell Slough has only suffered. When the landowners lost the lawsuit, nearly all supplemental water feeding the slough was shut down. Now that the water is barely flowing year round, the slough is once again silting over. Once the silt starts filling in, critical spawning gravel will become non-existent. When Mitchell Slough was improved by the landowners, it re-emerged as a very important hatchery to Bitterroot River trout. The Bitterroot River fishery already suffers from rip rapping and other forms of “bank stabilization”. If the siltation of Mitchell Slough continues it will be yet another huge loss to critical spawning habitat.

Ironically, the same Montana Stream Access law that gained public access to Mitchell Slough may also be its downfall. According to the law, to legally fish Mitchell Slough you cannot walk on any vegetation. This only encourages people to tromp all over the redds (trout spawning beds). How many people that fish Mitchell Slough are vigilant not to step on the redds? When I went to assess the state of the slough a month ago, there were redds everywhere. I even was fortunate enough to watch a pair of rainbows spawning. I also couldn't help but notice redds that had been walked through and completely destroyed.

These two issues: siltation and public access do not make for a sustainable or healthy spawning ground. So, what is the solution? I do not believe you can force the landowners to release water back into the slough. It is their water and they can do with it what they want. However, if they do not use the water, can they lose their water rights over time? This is a question for someone who knows more about water rights than I. Is there any water that can be purchased by citizens outfitters and or FWP that could be released in the slough (similar to what was done in Painted Rocks)? Short of these ideas I only can think of one other solution. I truly believe that Mitchell Slough should be closed to public access. Yes, I said closed! If it were closed, the landowners would once again supplement the flows, thereby flushing the silt and restoring the habitat. We cannot afford to lose anymore critical habitat on the Bitterroot River. Is it really worth catching some big fish now with the ramifications being the overall loss of productivity on the entire river over time? I would like to hear your opinion on this matter. I know it is a very sensitive issue, but I really do not like to debate the easy ones! I am sure the people who thought I was a hero in the earlier controversy think I am a blabbering idiot and vice versa.