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October 20 and 21, 2003
Fountain Hotel
Newcastle, Wyoming
Senator Gerald E. Geis, Chairman and Representative James C. Hageman, Vice Chairman.
Senators Rich Cathcart, Laness Northup and Bill Vasey (October 20 only).
Representatives Bob Brechtel, Ross Diercks, Elaine Harvey, Layton D. Morgan, Mick Powers, Ed Prosser, Mark Semlek and James J. Slater.
Mark Quiner, Assistant Director.
Other Legislators Present
Senator Jim Anderson and Representative Mike Baker.
Please refer to Attachment A to review the Committee Sign-in Sheet for a list of other individuals who attended the meeting.
All meeting materials and handouts provided to the Committee by the Legislative Service Office (LSO), public officials, lobbyists, and the public are referenced in the Meeting Materials Index, attached to the minutes. These materials are on file at the LSO and are part of the official record of the meeting.
October 20, 2003
Chairman Geis called the meeting to order at 8:30 a.m. The order of the meeting generally followed the prepared agenda (see Attachment B).
Mr. Pat Tyrrell, State Engineer, provided the Committee with information regarding the updated water projects.
Platte River Settlement
Mr. Tyrrell gave information on the North Platte settlement update as well. He related the decree compliance settlement committee meets twice a year to review compliance deadlines, exchange materials, and keep records of compliance. The committee consists of one representative each from Nebraska, Colorado, Wyoming and the Bureau of Reclamation. Wyoming is due to have the chairmanship next year, so Mr. Tyrrell will chair the compliance committee. Mr. Tyrrell related 7,100 acre-feet of water had to be placed back in the Platte River under the decree due to groundwater development in the Guernsey area. Mr. Tyrrell also related unadjudicated wells must be under the decree by November of 2006.
California Water Agreement
Mr. Tyrrell provided the Committee with information on the California irrigation districts that were using more water than their allotment. The Department of Interior and other states have reached an agreement with California to reduce their water usage by the year 2016.
Coalbed Methane Impact
Mr. Tyrrell also provided information on the coalbed methane impact and the amount of reservoir and water well permits which are being issued by his office.
Water Well Drillers Certification Board
Mr. Tyrrell also related the new water well drillers certification board is being created and the board is working on rules and regulations and setting a fee structure.
Water-Temporary Use-2, 04LSO-0110.C1
Representative Hageman, as Chairman of the Temporary Water Use Subcommittee, and Mr. Tyrrell explained the proposed legislation (see Attachment C-1). The bill proposes a temporary change in water use authorizing suspension of the changes and various uses of a temporary change in use permit. Mr. Tyrrell gave information to the Committee regarding temporary use permits that have been issued by his office between 1997 and the present (see Attachment C-2).
The Subcommittee had stricken the language "other temporary purposes". Following discussion, Representative Slater move the phrase be reinserted into the bill. The motion passed.
The Committee heard from Mr. Marvin Applequist, Wyoming Farm Bureau, who expressed concern about the phrase and the ability to use a temporary use authorization in a permanent way.
Following discussion, Representative Hageman moved the Committee sponsor the bill, as amended, as a House bill. The motion passed with a roll call vote of 13 ayes and 1 excused (see Attachment C-3).
Carbon Storage-Extension, 04LSO-0147.W1
Mr. John Etchepare, Director of the Department of Agriculture, and Grant Stumbaugh, Department of Agriculture, explained the carbon sequestration process and how it relates to carbon dioxide emissions (see Attachment D-1). Extensive information was provided to the Committee about how the carbon sequestration process works.
Mr. Jim Arnold, State Forestry Division of the State Lands and Investment Office, explained a demonstration project and how carbon sequestration works in forests.
Mr. Terry Browder is involved in rangeland management. He also is on the carbon sequestration committee. He explained a demonstration project on carbon sequestration on private lands.
Senator Jim Anderson testified he felt the Department of Agriculture has done a good job with the task force. He represents a district with a struggling agricultural industry and this could be a source of additional income for the agricultural producers.
Ms. Judy Eastman, Wyoming Rural Electric Association, explained that her organization supports the bill. She felt the task force has done a good job with this issue. Co-op members are largely agricultural producers and carbon sequestration may help them obtain extra money.
Representative Hageman explained the bill which will extend the program for carbon sequestration for five years longer and includes an additional appropriation (see Attachment D‑2).
Following discussion, Senator Vasey moved the Committee sponsor the bill as a Senate file. The motion passed with a roll call vote of 13 ayes and 1 excused (see Attachment D-3).
Ms. Laurie Goodman, Trout Unlimited, asked the Committee to reconsider the other bill that was before the Subcommittee entitled "Water-temporary use, 04LSO-0010.W1." This bill addressed issues of instream flow. Following discussion, Chairman Geis indicated the Committee may look at the bill next year but there was no motion to consider the bill at the present meeting.
Purchase of Home Stake Lands
Former Representative Lauris Tysdal explained the proposal to purchase the home stake lands. The home stake lands are 30,000 of timbered land in Crook County. He indicated the land includes $6 million worth of timber and urged support for the purchase.
Wildlife Compensation Pilot Programs, 04LSO-0011.W1
Representative Mike Baker explained the bill which provides pilot programs for wildlife compensation. Representative Baker was chairman of the Joint Subcommittee from the Travel and Agriculture Committees that met on this issue. Mr. Terry Cleveland, Assistant Chief of Wildlife of the Game and Fish Department, also provided input on the bill (see Attachment E‑1). Mr. Cleveland indicated the subcommittee had five different options to consider. The subcommittee also heard testimony from Professor Mike Smith from the University of Wyoming who provided resource information on sampling forage and consumption.
Mr. Cleveland provided information on the cost of the pilot programs (see Attachment E-2).
Ms. Kathy Purves, Wyoming Wildlife Federation, provided information on the pilot programs as well. She indicated the Committee should also consider coordinated resource management groups.
Mr. Jim Magagna, Wyoming Stockgrowers Association, indicated the pilot study was about data gathering and was not a commitment to do anything in the future. He commended the subcommittee on its degree of flexibility.
Mr. Dennis Sun, on contract with the Department of Agriculture, provided a letter from landowners in the Wapiti Ridge CRM supporting the bill (see Attachment E-3).
Following discussion and extensive amendments to the bill from the Committee, Senator Vasey moved the Committee sponsor the bill as a House bill. The motion passed with a roll call vote of 13 ayes and 1 excused (see Attachment E-4).
* * * * *
October 21, 2003
Chairman Geis called the meeting to order at 8:30 a.m.
Update on Wildlife and Livestock Diseases
Dr. Jim Logan, State Veterinarian, provided the Committee with an update on several issues in his agency, including extensive rules and regulations. The rules cover reportable diseases, brand renewal and recording, livestock auction markets and importation of livestock.
Feed Lien Laws
Dr. Logan also provided the Committee with necessary changes to the feed lien laws (see Attachment F-1). Chairman Geis indicated he would be willing to sponsor a bill to assist the agency in this matter.
West Nile Virus
Dr. Logan provided the Committee with an update on the number of West Nile detections by county (see Attachment G-1). Goshen County had the greatest number of human West Nile virus detections last year. Goshen was followed by Platte County. Dr. Logan indicated the West Nile Virus is a statewide problem and very few counties reported no cases.
Mr. Etchepare indicated education is key in getting local governments and county entities to cooperate in having an effective mosquito eradication program when West Nile is present.
Bovine Tuberculosis
Dr. Logan also provided information on bovine tuberculosis. He indicated the governor had signed a proclamation regarding the importation of livestock into Wyoming. Wyoming does not yet have this disease. New Mexico, California, Texas and Michigan currently do have livestock with this disease.
Chronic Wasting Disease
Dr. Logan also provided the Committee with an update on chronic wasting disease. He indicated $200,000 was appropriated during the 2000 legislative session to study the disease in livestock and birds. He indicated this is currently a problem in wildlife, but not a problem in livestock. He indicated the study of chronic wasting disease would continue.
Governor Freudenthal
Chairman Geis welcomed Governor Freudenthal to the Committee and thanked him for attending. Governor Freudenthal thanked the Committee for the opportunity to speak. The Governor introduced the new State Forester, Bill Grapser. The Governor indicated he wishes to change the role of the State Forester to help the state interact with the federal government on forests, forest health, and species habitat. He attempted to find a forester who could participate in the management of state forest lands, but also be a resource for the state in dealing with the U.S. Forest Service.
Mr. Grapser introduced himself. He indicated he has a history of working in forest management. He has no preconceived notion of state forestry. He just began his job and is looking forward to working in the forestry division.
The Governor provided updates on several issues including:
1. Use of Wyoming water development money to fund other state agencies
The Governor indicated he will recommend stopping funding DEQ and the State Engineer as well as other state agencies out of water development funds. He is not sure what the alternative will be, but he does want the diversions to stop.
2. Wind River Indian Reservation Projects
The Governor indicated since the state is funding water projects on the Reservation he feels strongly the jurisdiction over those matters must be in state courts and not in tribal courts. He indicated he will follow the tradition of placing jurisdiction over state funded issues in state court.
3. Instream Flow and Conservation Easements
The Governor supports instream flow and conservation easements out of respect for private property ownership. He indicated if someone owns property then the law should allow them to enjoy all the rights to the property and the owner should be allowed to allocate the property the way he sees fit.
4. North Platte Litigation and Settlement
The Governor indicated the North Platte settlement will continue to be an issue for the next 20 years since it deals with other states. We cannot revisit the settlement and disturb a federal order, so the Governor will support the implementation of the settlement.
5. Forests
The Governor indicated the state will remain active in the forest service planning process. He indicated county participation in the planning process should not be subject to review by the state. Every county is different and they should address their issues in their own way.
6. Forest Roadless Initiative
The Governor indicated the state has tried to settle this matter. No one should assume that since the roadless rule was overturned by the courts that there will not be any roadless areas in the forests. He indicated it is appropriate for some areas of the forest to be roadless, but this should be addressed on an individual forest basis not a national plan.
Following discussion by the Governor, he answered questions from members of the Committee and the audience on topics including BLM law enforcement authority on state highways, inter-basin transfer of water, instream flow, county participation at the state level, water development on the Reservation, West Nile Virus, adding a deputy state veterinarian, endangered species, drought status, and small communities competing against large communities for state grant monies.
Ms. Lynn Boomgarten, Director of State Lands, provided the Committee with an update on the activities of her office including budget preparation, the exchange of in-holding lands owned by the federal government in Teton National Park, signage on public lands, and mineral surface interface.
Following the presentation, Chairman Geis once again thanked Governor Freudenthal for taking the time to talk to the Committee.
Other Business
1. Emergency Insect Management Program
Mr. Rory Reichenbach, Department of Agriculture, provided the Committee with an update on the emergency pest program (see Attachment H-1). Mr. Reichenbach provided information on the appropriation made for this program by the legislature and how it was spent among the various counties and programs.
2. Endangered Species Act
Mr. Keith Kennedy, Wyoming Agriculture Business Association, provided the Committee extensive information on a federal court decision from the State of Washington that determined the Endangered Species Act had not been implemented in pesticide labeling (see Attachment J‑1). He urged the Committee to write a letter to Senator Craig Thomas to encourage the Environmental Protection Agency to promulgate a preliminary rule on this matter. Chairman Geis asked that a letter be drafted for his signature.
There being no further business, the meeting was adjourned at Noon.
Respectfully submitted,
Senator Gerald E. Geis, Chairman