SF 51: Temporary Instream Flows
2007 General Session

Sponsor: Sen. Cale Case (R-S25, Lander); co-sponsors Sens. Ken Decaria (D-S15, Evanston), Grant Larson (R-S17, Jackson) and Reps. Pete Jorgensen (D-H16, Jackson), Bill Thompson (D-H60, Green River), Dan Zwonitzer (R-H43, Cheyenne)

SF 51 would have permitted the state buy or lease (or accept as a gift) water rights for temporary instream flow purposes. Currently, temporary water use laws do not allow instream flow as a temporary use. SF 51 would have allowed temporary use for instream flows for up to two years, but a temporary transfer of water rights for instream flow would not have been allowed if another water appropriator was harmed by it.

Wyoming first passed instream flow legislation nearly 20 years ago, which recognized that leaving some amount of water in streams to improve recreation, aquatic habitat or water quality constituted a legitimate use of some of Wyoming’s tightly regulated waters. Instream flow has always been a controversial topic in the state, as conservationists’ concerns over dewatered rivers conflict directly with agricultural operators who depend on large quantities of water for crop irrigation.

The legislature has been struggling with bills related to temporary transfer of water rights for instream flow for several years, so far without success. The town of Pinedale, where Pine Creek has been completely dewatered before reaching town in recent summers, has been strongly supportive of temporary transfer bills. Supporters of SF 51 viewed the bill as a modest step that would help enhance and conserve water resources, while simultaneously protecting the stability of Wyoming’s traditional first-in-time, first-in-right water use laws.

Opponents, mainly representing agriculture interests, generally oppose any change whatsoever to the state's water rights laws. Some argued that even the modest change embodied in SF 51, which in itself would not harm their interests, might somehow lead to more substantive changes in water law at some point in the future.

The Senate approved SF 51, 17-12 (1 excused). The bill was introduced in the House and referred to the House Agriculture, Public Lands and Water Resources Committee, which took no recorded action on the bill.

The votes listed below are the Senate third reading (final passage) votes. A YES vote means the senator wanted to allow the state to buy or lease water rights for temporary instream flow purposes. A NO vote means the senator did not want to allow water rights to be temporarily used for instream flow purposes.

INTRODUCED