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2006 Budget Session
Wyoming's laws pertaining to use of water rights to provide minimum instream flows were created twenty years ago, and have not been significantly revised since. Meanwhile, a number of obstacles have emerged that prevent protection of more river miles, and this is especially true of efforts by private individuals or local governments to temporarily protect stream flows.
SF 74 would have directed the University of Wyoming and the State Engineer to conduct studies on current economic and legal barriers to protection of instream flows for temporary or seasonal water uses. The results of the studies, including recommended legislative action to overcome the barriers, would have been reported to legislative interim committees later this year.
SF 74 was developed after repeated efforts by the town of Pinedale to release water it controls in a nearby reservoir to prevent the stream that flows through town from drying up in late summer. Pinedale has the authority to release water from the reservoir, but the State Engineer has no power to prevent upstream irrigators from taking Pinedale's water out of the stream before it reaches town. A 2005 bill to correct this problem passed the Senate but was killed by the House majority leader (Rep. Roy Cohee, R-H35, Casper) without floor debate or a vote.
SF 74 would have required the University of Wyoming to report on the economic implications, especially to local communities, of allowing water-right holders to temporarily or seasonally use part of their water right for instream flow.
The State Engineer would have reported on how temporary change-of-use applications are presently evaluated; what is allowed under existing laws for temporary and permanent management of water for non-consumptive uses; how legislators might create more options for non-consumptive and instream water use from storage, direct flow or seasonal changes; and what the consequences would be of allowing temporary transfers between two agricultural operators, which could create de facto instream flows between two ranches.
SF 74 contained appropriations totaling $55,000 for the studies, $35,000 to University of Wyoming and $20,000 to the State Engineer's office.
The Senate unanimously passed SF 74, but the bill died when the House Appropriations Committee did not report it out of committee before the deadline for committee action.