September 3, 2003 Room # 302
213 Capitol Building
Cheyenne, Wyoming
Committee Members
Chairman James C. Hageman
Senator Laness Northrup
Representatives Layton Morgan, Ed Prosser and James Slater
Karen Ashcraft Byrne, Attorney.
Senator Cale Case
Please refer to Appendix 1 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.
Chairman Hageman called the meeting to order at 8:30 a.m. Roll call was taken.
The Subcommittee reviewed 04LSO-0110.W1 "Water-temporary use-2." [Appendix 2]. Pat Tyrrell, State Engineer, explained the proposed legislation's changes to W.S.§41-3-110 to allow temporary use of water rights for municipalities and irrigation purposes. He also explained what safeguards the draft had to protect present water rights and users. At present that statute allows for a temporary change of water use for certain projects that have a beginning and an end. There was concern that these amendments allowed temporary use of water for continual needs.
There was discussion regarding the need for these changes to provide flexibility in managing water and help municipalities. Concerns were expressed about allowing temporary changes for agriculture use. The Subcommittee discussed the means by which an injured person could complain about the cause of their injuries and what procedure was used by the State Engineer's Office to remedy these injuries. The Subcommittee also discussed permanent transfers of water rights and the procedures used by the State Engineer's Office to ensure that affected persons knew about the contemplated transfer.
A proposed amendment was reviewed that struck "or other temporary use" and limited the temporary transfer of water rights to a municipality for no "more than two years out of any five year period" except for a drought. [Appendix 3]. Senator Northrup moved and Chairman Hageman seconded that the amendment be adopted. and also that the provisions regarding irrigation be deleted. Representative Prosser moved to amend the amendment and Representative Morgan seconded by removing the last sentence that limited the right to two years. The Subcommittee voted unanimously to amend the amendment. The Subcommittee voted unanimously to adopt the amendment as amended. The Subcommittee voted unanimously to recommend the proposed legislation as amended to the Joint Interim Agriculture, Public Lands and Water Resources Committee.
The Subcommittee reviewed 04LSO-0010.W1, "Water-temporary use." [Appendix 4]. Mr. Tyrrell explained this proposed legislation to the Subcommittee. Some of the proposed changes had not previously been received by Legislative Service Office and were introduced to the Subcommittee. [Appendix 5]. This proposed legislation would allow water right holders to keep their water "in-channel" in specified circumstances if no one were injured. There was discussion regarding whether this approach was the best way to protect fisheries and also whether the proposed legislation would allow persons to sell their water to out-of-state persons. It was suggested that language be added that would prevent selling water.
The Subcommittee was told that the "in-channel" use would only be effective while the water was on the property of the person using in-channel use and would only affect about one percent of water in the state. It was suggested that language be added to clarify that only certain property would be affected and also insert the language used in W.S.§41‑3‑1006(g): "[t]he state engineer shall not issue an in-stream flow permit where the in-stream flow right would be included as a portion of the consumptive share of water allocated to the state of Wyoming under any interstate compact or United States supreme court decree." Concern was expressed as to what would happen in the future if this legislation were passed. The Subcommittee discussed the effect of the in-stream flow bill that passed seventeen years ago. It has affected about fifty streams and three hundred miles of streams.
The Subcommittee was asked if anyone wanted to amend the bill or recommend it to the Joint Interim Agriculture, Public Lands and Water Resources Committee. No one did. The Subcommittee will report back to the Joint Interim Agriculture, Public Lands and Water Resources Committee that it has no recommendation. Chairman Hageman stated he would meet with Chairman Gerald Geis and decide if the proposed legislation should be presented without recommendations to the whole committee.
Meeting Adjournment
There being no further business, Chairman Hageman adjourned the meeting at 12:30 p.m.
Respectfully submitted,
Representative James C. Hageman,
Chairman