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2003 General Session
SF 72 attempted to provide more flexibility in Wyoming water law, by allowing temporary transfer of existing water rights for beneficial uses, and by defining instream flow as a beneficial use.
SF 72 specified that the state would encourage temporary transfers of water rights when such transfers maximized beneficial use of water. The bill included provisions to ensure that transfers would not adversely impact other water users or adversely affect the public interest.
Temporary transfers could be granted for two-year periods, and could be regranted an indefinite number of times.
Under current law, unappropriated water in Wyoming waterways may be appropriated for instream flows, to maintain or improve fisheries. SF 72 would have added the ability to temporarily transfer existing water uses over to instream flows, and would have expanded the defined purpose of instream flow to include establishment, maintenance or improvement of fisheries and habitat.
Proponents of SF 72 argued that the bill provided good protections for other water users, and that increasing options to provide for adequate instream flows to maintain fisheries and habitat, water quality, groundwater recharge, etc. would benefit everyone.
Opponents, primarily representing agricultural interests, argued that instream flow should be addressed by increased water storage capabilities as opposed to granting instream flow water rights, whether temporary or permanent.
SF 72 was heard before the Senate Agriculture, Public Lands and Water Resources Committee, where it was tabled without a recorded vote.
The topic was later assigned to the Joint Agriculture, Public Lands and Water Resources Interim Committee for further study. The Interim Committee was directed to evaluate temporary transfers in water use to instream flow rights, and to look at flexibility for existing appropriations. The Committee will also study enhanced water storage, improved water management to benefit agriculture, municipal, industrial and instream water uses while protecting existing water rights holders.