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Wyoming Water Coalition
Water Policy
2/14/98
Wyoming's waters are its
most valuable natural resource. These waters are the property of the state
as provided by our Constitution, which was ratified by Congress in the Act
of Admission. The doctrine of prior appropriation for beneficial use as
provided for the State Constitution, is essential to the state of Wyoming,
and must be maintained.
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The United States, by
ratifying the Wyoming Constitution accepted that:
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Article 1 Section 31 Control
of water. Water being essential to industrial prosperity, of
limited amount, and easy diversion from its natural channels, its
control must be in the state which, in providing for its use, shall
equally guard all the various interests involved.
Article 8 Section 1 Water
is state property. The water of all natural streams, springs,
lakes, or other collections of still water within the boundaries of
the state, are hereby declared to be the property of the state.
Article 8 Section 3
Priority of appropriation. Priority of appropriation for beneficial
uses shall give the better right. No appropriation shall be denied
except when such denial is demanded by the public interests.
Congress and the U.S.
Supreme Court have repeatedly reiterated that the states have primacy in
water right matters.
In keeping with this intent
and framework, the Wyoming organizations and groups whose names are
attached to this document, maintain and support the following principles
regarding state water.
Wyoming's "priority of
appropriation" laws establish water rights that are property rights.
These rights, when applied by the doctrine of beneficial use, have value
to their holders. The private property rights, i.e. agricultural
irrigation or industrial use, are of significant value to their holders.
The public rights, i.e. storage recreation or municipal use, are also very
valuable.
The state of Wyoming must
develop a model that will quantify the value of its water rights. When the
value of Wyoming's water rights has been identified and quantified, the
state must preserve and protect all holders' abilities to maintain their
lawful operation related to the use of its water. As water issues arise,
such as river compact negotiations, the state must guarantee the legal
standing of the property rights to it water. The property right value and
the state's collective value in its water must be protected through
objective standards in the negotiation process.
Land value, environment,
urban development, wildlife, and economic viability must all be considered
in looking at the total picture of water right value. The application of
irrigation water to the land adds value to the land. It provides income
and stability to the agricultural operator which adds to the economy and
tax base. It also charges the ground waters and stream bands to enhance
environmental value, including wetlands and stream flow throughout the
year, for wildlife habitat and aesthetic beauty. The application of
industrial water adds value in the form of wages and salable products,
such as electricity, to the economy. The application of municipal rights
is the way to allow for orderly growth of our cities and towns.
It is the obligation of the
state of Wyoming, its elected officials and its citizens, to assure the
beneficial use of state water for its citizens. High priority should be
put on the development of both surface and underground water within
Wyoming by individuals and government to fully utilize and conserve all
the state's unappropriated water. the social, economic and environmental
value of unappropriated and appropriated water must be quantified.
The exchange of one water
right use for another, i.e. irrigation for municipal growth, as a least
cost solution to water problems, should be undertaken only after careful
consideration of all values involved, including the environment and the
economy. This decision-making process must consider future water values. A
long-term cost benefit comparison of current right versus undeveloped
allocation must be prepared, as well as a comparison of current use versus
a change of use.
The state of Wyoming shall
protect its right to fully develop its water resources by defending its
legal claim to the water. Again, the state must negotiate using objective
values and measurements. It shall be a firm cooperator in issues such as
endangered species or clean water. The state of Wyoming shall not offer to
contribute to solutions without demanding exchange for specific protection
of current water value, and the ability to develop specific water
resources.
The state can use its system
of measuring current and future water value when assigning priorities and
goals to undeveloped water. Again, a balance between agricultural, urban,
industrial, economic, environmental and wildlife benefits should be
attained by using an objective model. A system of identifying the current
and future property right values to the water right holder, and the state
for the state's water, can ensure the long-term protection of those
rights, because the state and its citizens would then be willing to commit
the necessary human and financial resources.
State Water Policy
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State water policy must
preserve and protect all economic sectors' abilities to maintain their
historic lawful operations as related to use of Wyoming's water.
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State water policy must
be based upon aggressive development of Wyoming's unused surface
waters for use and economic betterment before it leaves the state.
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Due to the fact that
Wyoming's useable water supply is generated from snowpack, storage of
the runoff from that supply is essential to providing availability of
water throughout the year in all parts of the state.
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Under present law, the
incentive to implement practices which conserve water is overshadowed
by the concern that saved water is no longer considered part of the
appropriator's entitlement. As water rights in Wyoming are property
rights, it must be recognized that water conserved by the beneficial
efforts of an appropriator is still part of his appropriation, and he
has a right to expect consideration for that saved water that
otherwise accrues only to the benefit of others on his stream.
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The State of Wyoming
recognizes the federal reserved water rights of the tribes of the Wind
River Reservation. Those rights exist by decree of the U.S.
Supreme court. Development of infrastructure and storage in that
river basin must parallel any settlement of Indian water rights
issues.
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Other than those
specifically created in Wyoming by U.S. Supreme Court decree, the
state of Wyoming recognizes no implied or reserved federal
water rights. Any right to use water by federal agencies in Wyoming
can only be acquired pursuant to state law.
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It is the obligation of
the State of Wyoming (the owner of all the water), its elected
officials, and its citizens to develop and utilize state waters for
the benefit of its citizens. We favor additional development of both
surface and underground water projects within Wyoming by individuals
or the state government to fully utilize and conserve all the state's
unappropriated waters.
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State water policy must
recognize, and state officials must stand firmly in support of, the
"use it or lose it" and `first in time is first in
right" concepts of appropriation doctrine and law.
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The Wyoming Water
Development Program is established to foster, promote and encourage
the optimal development of the state's human, industrial, mineral,
agricultural, water and recreational resources (W.S. 41-2-112 (a)).
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All state agencies must
speak with a unified voice during the permitting phase of water
development projects.
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Local governments, being
the unit of government closest to the people, must have complete
involvement in the formation of any state water plan.
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The development of water
storage in the headwater states provides direct benefits to downstream
states and users.
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A high priority must be
to concentrate efforts on future storage of unappropriated water for
quality growth to enhance Wyoming's economy and tax base.
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We are opposed to
allowing Wyoming waters to be exploited for out-of-state use by the
transfer, selling or leasing of water rights, non- adjudicated water
or project water to which the state of Wyoming is entitled.
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We support legislation
requiring that out-of- state irrigation districts, operating in
Wyoming and delivering water to Wyoming users, be required to comply
with Wyoming statutes pertaining to irrigation districts and that
Wyoming appropriators have representation on the District Board.
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Under existing law, the
only parties who have standing to bring water rights abandonment
actions are the State Engineer and/or affected water users. We oppose
amending the water rights abandonment statutes to allow any other
party to have that same standing.
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The state engineer
should automatically list as co-appropriator the permittee/lessee (the
beneficial user) on water permits or rights for projects on federal
lands.
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The revenue stream
dedicated to water development shall remain inviolate.
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A state water plan
should quantify unallocated water supplies (accepting allocated
supplies at face value and leaving them alone to let the laws of use
govern them), identify goals for proposed future uses of that
unallocated water, and then evaluate and compare proposed and
anticipated uses of that unallocated water.
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The participation in,
and future memorandums of understanding, agreements or contracts on
both the Colorado and North Platte, should include specific language
guaranteeing current active permitting by all federal agencies and
long-term guarantees of current use and development authority based on
incremental agreed-upon levels.
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Federal agencies have
unconstitutionally subverted the states' Congressionally ratified
ownership of water through the Endangered Species Act, the Clean Water
Act, the Reclamation Reform Act, the National Environmental Policy Act
and others, and through the administrative actions of federal
employees. The state and its official are obligated to "just say
no" to federal actions within Wyoming's borders that are
detrimental to state's rights and state interests.
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State water policy
should require that the state participate in all federal agency
planning actions and rule-making to ensure that state ownership,
control and use of her water are not impacted.
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Wyoming's right to
control and use its water has been eroded due to lack of adherence to
a strong state water policy. Adherence to state water policy will
strengthen Wyoming in protecting against attacks on her water
resources.
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We maintain states'
rights can only be eroded if a state and its citizens allows it to
happen.
Water Quality
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Water quantity issues
are separate and must be kept separate from water quality issues. The
federal government has, in fact, recognized this by enacting statutes
as follows:
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Federal Water
Pollution Control Act, As Amended (33 U.S.C. 466 et seq.)
Sec. 101 (g) - It is
the policy of Congress that the authority of each State to
allocate quantities of water within its jurisdiction shall not be
superseded, abrogated or otherwise impaired by this Act. It is the
further policy of Congress that nothing in this Act shall be
construed to supersede or abrogate rights to quantities of water
which have been established by any State.
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We acknowledge that the
state of Wyoming has the authority to allocate quantities of water
under its jurisdiction and shall not be superseded, abrogated or
otherwise impaired by legislative or regulatory actions.
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Wyoming's historic
beneficial uses have maintained and enhanced water quality throughout
Wyoming for downstream users.
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Wyoming's water policy
should support maintaining and protecting water quality for current
and future beneficial uses.
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We encourage voluntary
land management techniques to maintain water quality.
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We support
scientifically valid data to determine the health of Wyoming's water
bodies. That data shall include all of the following; chemical,
physical, biological and historical collection regimes with
predetermined sampling analysis plans. Any remedial actions shall be
locally developed, voluntary and incentive-based.
Wyoming Water Coalition
Endorsements for Policy of February 14, 1998
as of 7/10/1998
Wyoming Stock Growers
Association
Wyoming Wool Growers Association
Wyoming Farm Bureau Federation
Rocky Mountain Farmers Union
Wyoming Association of Conservation Districts
Wyoming Department of Agriculture
Wyoming Agri-Business Association
Meeteetse Multiple Use Association
Wyoming Heritage Society
Riverton Valley Irrigation District
Big Horn Co-op Marketing Association
Wyoming County Commissioners Association
John Etchepare
Gerald Geis
Joe Glode
Jim Magagna
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