Legislators again look at instream flow

by Cat Urbigkit

Efforts to change the state’s existing instream flow law continue again this year in the Wyoming Legislature. Although numerous efforts have been made in recent years, none has been successful thus far. This session, there are two bills that have been pre-filed that address instream flow.

Temporary rights

House Bill 84 would provide for temporary water rights (and is sponsored by Representatives Berger, Gingery, Illoway, Jorgensen, Throne and Warren and Senators Burns, Schiffer and Vasey).

The bill provides that “any person may acquire by purchase, gift or lease the right to the use of water which may be embraced in any adjudicated or valid unadjudicated water right, or any portion thereof, for a period not to exceed two years for in-channel use.”

In-channel use is defined as “the temporary use achieved by either leaving the natural flows of a natural watercourse undiverted or introducing previously stored water into a natural watercourse for a beneficial use pursuant to this section.”

The bill prescribes that a person “may temporarily acquire and use only that portion of a water right of a natural unstored flow water right which has been consumptively used in the past.”

The bill includes a provision for installation of measuring devices necessary “to monitor or regulate a temporary in-channel use.”

Temporary instream flow

Senate File 51 is Senator Cale Case’s bill (although he is joined by co-sponsors Senators Decaria, Jorgensen and Larson and Representatives Thompson and Zwonitzer). This bill has been proposed in the past, but was defeated.

The bill proposes to amend the law to allow the state to temporarily acquire any existing water rights in streams of Wyoming by purchase, gift or lease for the purpose of providing instream flows.

The bill provides: “The state shall have the right to acquire by purchase, gift or lease the right to the use of water which may be embraced in any adjudicated or valid unadjudicated water right, or any portion thereof, for a period not to exceed two years, for instream flow purposes.”