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2004 LEGISLATIVE REPORT
Table of Contents / Chapter 1
Wyoming Water Development Commissioners, Staff, Advisors
Select Water Oversight Committee
General Comments/Overview/Executive Summary
Specific Requirements of Statutes
Wyoming Water Development Commissioners, Staff, Advisors
Commissioners
Don W. Riske, Chairman | Member-at-Large |
Charles Murray, Vice-Chairman | Joint Tribal Council
Representative |
Floyd Field, Secretary | Water Division I |
Bill Bensel | Water Division II |
Dan Budd | Water Division IV |
Dick Geving | Water Division III |
George Jost | Water Division IV |
Anne MacKinnon | Water Division I |
Wayne Voss | Water Division III |
Robert Yemington | Water Division II |
Staff
Lawrence M. Besson | Director |
John W. Jackson | Administrator - Planning |
David Zelenka | Administrator - Construction |
Jon Wade | Administrator - River Basin Planning |
Susan D. Good | Administration/Fiscal Manager |
Chris Abernathy | Water Development Project Representative |
Dale Anderson | Water Resource Development Engineer |
Vicki S. Beckman | Outreach Coordinator |
Janet Belmonte | Administrative Specialist |
Kevin Boyce | Water Development Project Representative |
Bruce Brinkman | Water Development Project Representative |
Norma Coulson | Fiscal Specialist |
Theodore D. Coyer | Water Resource Development Engineer |
Michael F. Hackett | Water Resource Development Engineer |
Michael T. Hand | Water Resource Development Engineer |
Barry Lawrence | River Basin Planner |
Philip Ogle | Water Development Project Representative |
Jodie Pavlica | River Basin Planner |
Chace Tavelli | Hydrologist/Project Representative |
Ron Vore | Water Conservationist |
Janie White | Fiscal Technician |
Advisors
S. Jane Caton | Attorney General's Office |
Pat Tyrrell | State Engineer |
Larry Pochop/Greg Wilkerson | University of Wyoming |
Select Water Oversight Committee
Senator Gerald Geis
Chairman
S. Big Horn-Hot Springs-Washakie Counties
Representative Rodney "Pete" Anderson
Laramie County
Representative Kurt Bucholz
Carbon County
Senator Rich Cathcart
Laramie County
Representative Ross Diercks
Niobrara/Converse Counties
Senator Rae Lynn Job
Sweetwater/Carbon/Fremont Counties
Representative Layton Morgan
Laramie County
Senator Laness Northrup
Park/Big Horn Counties
Senator Bob Peck
Fremont County
Representative Owen Peterson
Uinta County
Representative Frank Philp
Fremont County
Senator Bill Vasey
Albany/Carbon County
CHAPTER 1. GENERAL COMMENTS/OVERVIEW/EXECUTIVE SUMMARY
December 31, 2003
I. Statewide Vision, Philosophy and Functional Goals
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A. Vision
We envision a Wyoming where people can develop the skills needed to seize the opportunities to
live their individual dreams; a Wyoming where people enjoy an environment free from
contaminants and secure from harm; a Wyoming where people can attain a quality standard of
living; and a Wyoming where people can enjoy the benefits of our bountiful resources and natural
beauty,
- B. Philosophy
Public service is a public trust. As public servants, we take pride in the service we perform for
our fellow citizens. We will be open, ethical, responsive, accountable, and dedicated to the public
we serve. In the current context of the public's view of government, we must respond to citizen's
needs in a manner that is more positive, more accommodating, and more attentive than ever
before. Within our limited resources, we believe that innovation and creativity are keys to our
long-term success. Through management support, training and development, and a respect for
the views of our citizens, our employees will be empowered to deliver quality services.
- C. Functional Goals
Functional Goals include establishing a program: which will ensure the wise, productive, and
economically sound use of the state's natural resources while protecting and preserving our
environment; which will manage the state's water resources within the context of state priorities;
and which will minimize the impact of federal pre-emption of priorities and procedures.
II. Agency Mission Statement
The 1975 Legislature passed W.S. 41-2-112(a) which provided the following definition for the
Wyoming Water Development Program:
"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. The program shall provide, through the commission,
procedures and policies for the planning, selection, financing, construction, acquisition
and operation of projects and facilities for the conservation, storage, distribution and use
of water, necessary in the public interest to develop and preserve Wyoming's water and
related land resources. The program shall encourage development of water facilities for
irrigation, for reduction of flood damage, for abatement of pollution, for preservation and
development of fish and wildlife resources [and] for protection and improvement of
public lands and shall help make available the waters of this state for all beneficial uses,
including but not limited to municipal, domestic, agricultural, industrial, instream flows,
hydroelectric power and recreational purposes, conservation of land resources and
protection of the health, safety and general welfare of the people of the state of
Wyoming."
III. Agency Philosophy Statement
The Wyoming Water development Program was founded on the sound philosophy of utilizing a
portion of the income the state receives from the development and use of its non-renewable
resources, such as coal, oil and gas, and trona, to manage a renewable resource, water. One way
in which water resource management is achieved is by evaluating development and rehabilitation
strategies, and selecting the best alternative for constructing new or rehabilitating existing
infrastructure. In this manner the Wyoming Water Development Program will ensure the delivery
of water to Wyoming citizens in an economical and environmentally responsible manner. Sound
water planning will preserve Wyoming's water entitlements and will promote the effective and
efficient use of the state's water resources.
IV. Situation Analysis
Each year precipitation events and runoff generate an average of 16 million acre-feet of surface
water within the State of Wyoming. An additional 2 million acre-feet of stream flow originates
from other states. Of this 18 million acre feet of surface water, Wyoming is entitled under the
various interstate river compacts and court decrees to use or consume approximately 4 million
acre feet per year. Presently, the state uses 2.8 million acre-feet of surface water. Therefore,
approximately 1.2 million acre-feet of surface water remain available for Wyoming's future use.
The water demands of downstream states are increasing as these states approach or exceed the
limits of their water entitlements. Consequently, Wyoming may expect requests for variances or
challenges to the historic interpretations of the compacts and decrees that guarantee Wyoming a
share of water originating in the state. Further, the federal government is seeking water to resolve
endangered species and environmental issues that are occurring downstream.
Court decisions have validated the position that water entitlements are best protected by
beneficial use. Unfortunately, Wyoming's water resources are not always located where they are
needed. The Wyoming Water Development Program serves to provide and rehabilitate the
infrastructure to deliver water to the people with water supply problems, and to promote the
effective and efficient management of the state's water, thus maintaining Wyoming's entitlements.
The Wyoming Water Development Program provides long-term economic benefits to the State of
Wyoming by managing our water supplies for the existing and future needs of Wyoming's
citizens. Water availability is a key ingredient for development of a stable Wyoming economy.
Implementation of water management opportunities provides short-term economic benefits to the
state in the form of jobs, increased material and equipment sales, improved recreational and
hunting and fishing opportunities, and other indirect benefits to local and state economies.
The Wyoming Water Development Program has served to maintain Wyoming's water entitlements
and has assisted Wyoming citizens in meeting water management needs through planning and
project development. The program's sponsor list includes eight (8) counties, eighty-six (86)
municipalities, sixty-two (62) water districts, fifty-five (55) irrigation districts, twelve (12) joint
power boards and thirty-one (31) water user groups.
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A. Program Status - Water Resource Development
In 1977, the revenue source that funds the New Development Program was established.
In 1982, the Governor proposed and the legislature implemented the framework for the
present Water Development Program. In 1983, the revenue stream that funds the
Rehabilitation Program was established. Since 1983 the program's water resource
management activities have evolved to the following:
1. New Development Program
The New Development Program provides planning services and construction funds for
the infrastructure necessary to supply unused and/or unappropriated water to meet the
present and future needs of Wyoming and its citizens. Water supply and storage facilities
such as dams, diversion structures, groundwater wells and transmission pipelines are
eligible for consideration under the New Development Program. The New Development
Program is dedicated to the efficient and timely management of water resources,
consistent with state policy, Wyoming water laws, and the desires of the citizens of the
state. The criteria for scheduling new development projects is based on the general
philosophy that effective beneficial use of Wyoming's water will insure its preservation
for use by Wyoming residents. New development projects can proceed as sponsored
projects or state projects.
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a. Sponsored Projects
The project sponsor may be a municipality, irrigation district, or other approved
assessment district that is a major beneficiary of the project. The project sponsor
must be willing and capable of financially supporting at least 25% of the project
development costs plus all operation and maintenance costs. Typically, sponsors
request project specific technical and financial assistance from the Wyoming
Water Development Commission through the application process. If the
Commission approves the application, the project is assigned a study level. If
the project is determined to be technically and economically feasible and serves
to meet a water management need, the Commission may recommend that
construction funding be appropriated by the legislature.
The New Development Program provides the opportunity for sponsors to manage
their water resources to meet current and future needs, which will promote their
economic growth and stability. The program has a philosophy that water
resource management should be achieved through state and local partnerships.
The sponsor can complete a water management project with state funding
assistance. The actual loan/grant mix is based on WWDC funding criteria and
the sponsor's ability to pay. If the sponsor uses the water, the project basically
belongs to the sponsor. However, if there is the opportunity to sell water for
other purposes, the sponsor and state share in the revenues.
b. State Projects
A state project typically benefits more than one entity and is multipurpose in
nature. State projects often have difficult permitting or political issues that must
be addressed, such as endangered species issues, water quality impacts and/or
resistance from downstream states. The following is a listing and brief status of
the state projects:
- Buffalo Bill Enlargement. The project has been completed and stands
ready to meet future growth and development. The Buffalo Bill Enlargement has
a firm yield of 74,000 acre-feet at the mouth of the Shoshone River.
- Deer Creek Dam and Reservoir. The recent settlement of the Nebraska v
Wyoming lawsuit contains provisions that encourage the construction of the
Pathfinder Modification Project in lieu of the Deer Creek Dam and Reservoir
Project. If Pathfinder is modified as planned, it will provide North Platte
municipalities similar benefits as would have been provided by the Deer Creek
Project. Once the Pathfinder Modification Project is constructed, Wyoming will
release the Clean Water Act Section 404 permit for the Deer Creek Project.
- Little Snake River Valley Dam and Reservoir. This project was formerly
referred to as the "Sandstone Project." After years of study and permitting work
the project is under construction and will be completed in 2004.
2. Rehabilitation Program
The Rehabilitation Program provides funding assistance for the improvement of water
projects completed and in use for at least fifteen (15) years. Improvements to insure dam
safety, decrease operation and maintenance costs, and provide a more efficient means of
using existing water supplies may be funded by the Rehabilitation Program. The
program insures that existing water supplies and supply systems remain effective and
viable.
Rehabilitation projects are typically initiated by an application from a project sponsor. If
the application is deemed feasible and approved, the project is assigned a study level and
can proceed through construction. The project sponsor must be willing and capable of
financially supporting all operation and maintenance costs and at least 25% of the project
development costs. The actual loan/grant mix is based on WWDC funding criteria and
the sponsor's ability to pay.
B. Program Status - Water Resource Planning
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1. Water Investment Management
During the development of the Department of Commerce, the Wyoming Water
Development Commission (WWDC) was named as the successor agency to the
Economic Development and Stabilization Board for the administration of the state's
investment in Buffalo Bill and Fontenelle Reservoirs (Chapter 44 of the 1990 Session
Laws). Subsequently, the state acquired storage in Palisades Reservoir (Chapter 18 of the
1991 Session Laws).
As part of this administration the WWDC is responsible for insuring that the state's
annual loan payments and operation and maintenance obligations are met on these
facilities.
In addition, the WWDC collects payments against outstanding project loans. Presently,
all project loan payments have been made. The WWDC also monitors potential water
sales from those completed projects in which the state retained limited partnerships.
2. Instream Flow
The Water Development Commission has two roles relative to the instream flow law.
One is assigned by statute, and serving as the water planning and development agency for
the state implies the other.
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a. W.S. 41-3-1004 assigns the Commission the responsibility to prepare
feasibility reports for all instream flow permit applications. The reports are
hydrological analyses of the water availability in the reach of the stream to which
the applications apply. The analyses also quantify existing water rights above
and within these stream segments.
b. As the water planning and development agency, the Commission will
also review the instream flow requests to insure that they do not conflict with
future potential water development opportunities.
To date, eighty-nine (89) applications for instream flow water rights have been prepared
by the Wyoming Game and Fish Department. As of December 31, 2003, the WWDC has
published seventy-nine (79) feasibility studies. The Wyoming Game and Fish
Department has indicated that it will be preparing four applications per year for instream
flow water rights.
3. Water Related Research
The Commission participates in research projects relative to water resource issues that are
not necessarily project specific but that may influence water resource management in
Wyoming. Many research projects gather information that is useful in addressing
permitting issues, environmental problems, etc.
The Commission has developed working relationships with the State Engineer's Office,
the U.S. Geological Survey and the University of Wyoming to conduct research on such
water related issues as hydrologic modeling, flushing flows, irrigation consumptive use
requirements, conveyance loss, and riparian zone management.
4. Basin Wide Planning
As the state's water resource planning agency the WWDC identifies water related issues
and establishes the framework to resolve them and promote water resources management.
As an example, the WWDC develops basin-wide plans that identify water supply
problems and water development opportunities. Planning studies have been completed
for Northeastern Wyoming and the Big Horn River, Powder River, Tongue River, Upper
Bear River, Upper Green River, Upper Laramie River and Wind River Basins.
These basin wide plans, as well as the project specific evaluations, can be used to
inventory water supplies, estimate existing uses, and outline basin-wide water
management strategies. Chapter 81, 1999 Session Laws, authorized the Commission to
implement and administer the statewide water planning process. River Basin Plans for
the Bear, Green/Little Snake, Powder/Tongue, Northeast Wyoming (Little Missouri,
Belle Fourche, Cheyenne, Niobrara), Wind/Bighorn, and Snake/Salt River Basins have
been completed. The final river basin to be studied, the Platte, will be initiated in 2003,
and completed in late 2004. At that time a framework report will be prepared
summarizing the State's water resources, and the planning staff will begin the process of
updating each basin plan on five-year intervals with the ongoing assistance of the Basin
Advisory Groups. The Statewide Water Planning Process will produce seven river basin
plans, a summary framework report, and a current statewide water resources database.
The WWDC will request an appropriation for consultant services for the Platte River
Basin Plan from the 2003 Legislature. Following completion of all seven river basin
plans and the framework plan it is anticipated that the update process will begin, and less
expensive funding requests will be submitted to the legislature in subsequent sessions.
5. Groundwater Grant Program
The 1981 Session of the Wyoming Legislature enacted W.S. 41-2-119 which authorized
the Water Development Commission to grant up to three million dollars to incorporated
cities and towns. These funds were to be utilized for feasibility studies and exploration
programs to evaluate the potential use of underground water for municipal purposes.
Municipalities were eligible to receive up to $200,000 in state funds, and were required to
provide 10% of total project costs in local matching funds. In 1984, the legislature
amended W.S. 41-2-119 to add an additional one million dollars to the account and to
increase the required local match from 10% to 25%.
Municipalities are required to submit an application containing a detailed feasibility study
of the area where exploration is anticipated. If the data is sufficient to indicate a high
probability of locating water, the Commission can award funds for exploratory drilling.
If no feasibility study exists, or if existing data is judged inadequate, municipalities can
apply for funds to complete such a study. Approval of feasibility study funding also
reserves a specified amount to be used for exploratory drilling. If the funded study
indicates a high probability of locating groundwater, the Commission can authorize
release of exploratory drilling funds. If not, the Commission will terminate the project at
that point and return the earmarked exploratory drilling funds to the groundwater account
for distribution to other communities.
As of July 1, 2002, 37 municipalities had received assistance from the program. During
the 2002 Session the Wyoming Water Development Commission recommended and the
legislature provided an additional $1,500,000 for the groundwater grant program, which
authorized the inclusion of water and sewer districts and service and improvement
districts as eligible program participants.
6. Small Water Project Program
In 2002 the legislature appropriated a total of one million dollars ($1,000,000), five
hundred thousand dollars ($500,000) from Water Development Account I and five
hundred thousand dollars ($500,000) from Water Development Account II, to initiate
pilot projects in the Green River and in the Yellowstone River basins. The pilot projects
were intended: 1.) To develop a process to leverage non-Water Development Program
funding, and 2.) Be used, along with non-program funding sources, for construction of
small, inexpensive projects such as small dams, windmills, spring development, and
pipeline networks for livestock, wildlife, environmental and recreational purposes.
During the 2003 session, the legislature removed the pilot status from the statute and
allowed for construction of these "small projects" throughout the state. Water
Development Program funding is limited to fifty percent (50%) of the actual construction
cost; or a maximum grant of twenty-five thousand dollars ($25,000) for construction of
the project; whichever is less. The Water Development Commission was given the
responsibility for developing program criteria and the authority to fund these "small
projects" anytime during the calendar year.
Due to interest in the program, the Wyoming Water Development Commission will
occasionally recommend amendments to the statute to reflect changes in the program and
to recommend to the legislature that additional funds be appropriated to finance the
construction of the "small projects."
C. Program Funding
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1. Water Resource Development
The administrative costs of the Water Development Commission are approximately
$3,600,000 per biennium. These costs are included in the agency budget, which is
appropriated from Water Development Account No. 1. This amount does not include
project specific budgets, which are appropriated by the legislature as described in the
following paragraphs:
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a. Water Development Account No. 1
The New Development Program is funded by Water Development Account No. 1
[W.S. 41-2-124(a)(I)] which has received general fund appropriations of
$117,600,000, receives revenues from the severance tax distribution account, and
receives the accrued interest on the account's unspent balance. Legislative
approval must be granted prior to allocating water development account funds to
a particular project. Income from the tax and interest and payments for
outstanding loans ranges from $26,000,000 to $29,000,000 per year. The
WWDC is committed to phase or delay projects to insure its recommendations do
not result in overruns of the account.
By enacting W.S. 16-1-301 the Legislature authorized the use of water
development account I and II funds to meet federal matching grant requirements
through the year 2003. The federal capitalization grant and the state's matching
share will be used to finance a "drinking water state revolving loan fund"
(DWSRF) program. The DWSRF program may be used to fund improvements
to water treatment systems and other Safe Drinking Water Act compliance issues.
This program is not included in the annual omnibus water bill. Water
Development program funds are appropriated automatically by statute to match
10% of the federal capitalization grant.
b. Water Development Account No. 2
The Rehabilitation Program is funded by Water Development Account No. 2
[W.S. 41-2-124(a)(ii)] which receives revenues from the severance tax
distribution account and the interest accrued on the account's unspent balance.
Legislative approval must be granted prior to allocating water development
account funds to a particular project. Income from the tax and interest and
payments for outstanding loans is approximately $6,000,000 per year. In 1995
and 1999 requests for project funding exceeded the funds available. The WWDC
is committed to phase or delay projects to insure its recommendations do not
result in overruns of the account.
By enacting W.S. 16-1-301 the legislature authorized the use of water
development account I and II funds to meet federal matching grant requirements
through the year 2003. The federal capitalization grant and the state's matching
share will be used to finance a "drinking water state revolving loan fund"
(DWSRF) program. The DWSRF program may be used to fund improvements
to water treatment systems and other Safe Drinking Water Act compliance issues.
This program is not included in the annual omnibus water bill. Water
Development Program funds are appropriated automatically by statute to match
10% of the capitalization grant.
2. Water Resource Planning
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a. Water Investment Management
These activities are funded by the agency budget, which has historically been
appropriated from Water Development Account No. 1. However, as project
financial commitments on Fontenelle Reservoir cannot be met with existing
revenues from water sales, appropriations of $540,000 per biennium are needed
to meet loan payment and operation/maintenance obligations to the Bureau of
Reclamation.
b. Instream Flow
The WWDC requests $100,000 per biennium for consultant services for
completion of instream flow feasibility studies.
c. Water Related Research
Over the past ten years the budget for contract services for this work has been
reduced by the WWDC from $250,000 to $25,000 per biennium. In addition, the
state's involvement in recovery efforts for endangered species in the upper
Colorado River Basin is funded from this budget category, which costs
approximately $69,000 per biennium. Research related expenditures authorized
in the recent Omnibus Water Bill - Planning have been $200,000 annually. The
Wyoming Water Development Commission is recommending that the legislature
appropriate an additional $200,000 this session to match available United States
Geological Survey research funds.
d. Basin Wide Planning
Depending on the complexity, basin wide planning studies cost between
$200,000 and $1,500,000. Until recently much of Wyoming's water planning
information was seriously out of date. To resolve this shortcoming, studies on
the Bear, Green/Little Snake, Northeast Wyoming, Powder/Tongue,
Wind/Bighorn, and Snake/Salt River Basins have been completed. The final
River basin plan, on the Platte basin, will be initiated in 2003. The operation of
the Water Resources Data System and other necessary contract services costs
approximately $750,000 per biennium.
e. Groundwater Grant Program
The Legislature appropriated $1,500,000 of additional funds during the 2002
Session to the Wyoming Water Development Commission to finance
groundwater exploration studies for cities, towns, improvement and service
districts and water and sewer districts. Due to the ongoing drought, the
appropriation has proven to be timely and effective. Several public water
purveyors have utilized the program to augment their water supplies.
3. Other
The Wyoming legislature has periodically appropriated funds from the water
development accounts to fund the operation of state government, special projects, and
litigation. As of July 1, 2003, $149,495,527 has been expended from Water
Development Accounts I and II for these non-project purposes. In addition, through an
executive order by the Governor the interest income to be received by the accounts was
diverted to the general fund for three years, which impacted the accounts by
approximately $41,284,873.
D. Program Evolution
In order to develop a strategic plan for the program, the history and future of the Wyoming Water
Development Program must first be considered. During the 1982 legislative session, funding was
requested for 28 projects. Over half of the projects included new dams or rehabilitation of
existing dams. By contrast, during the 1995 legislative session, construction funding was
requested for 18 different projects. None of those projects included a dam.
While dam construction and rehabilitation remains an important element of the Water
Development Program, the number of storage projects will not be as great as other water
development projects. To date, seven new development storage projects and fourteen dam
rehabilitation projects have been completed. The Buffalo Municipal project (Tie Hack Dam and
Reservoir), Sheridan's Twin Lakes Dam and Reservoir, and the Greybull Valley Irrigation
District's Roach Gulch project are the most recent projects. The Water Development Office
recently received the Clean Water Act, Section 404 Permit from the U.S. Army Corps of
Engineer for the Little Snake River Valley Dam and Reservoir project (High Savery), and
construction is underway. The project is to be completed in 2004. Due to provisions outlined in
the settlement of the Nebraska v Wyoming lawsuit, the Pathfinder Modification Project is
expected to replace the Deer Creek Project. Other dams in the planning process are the
enlargement of Ray Lake Dam on the Little Wind River, storage on the Wind River upstream of
Riverton in Fremont County, the enlargement of Viva Naughton Reservoir, which is located in
the Ham's Fork drainage, and Church Reservoir within the East Fork of the New Fork River
drainage.
There are reasons the number of storage projects in the Water Development Program are less than
originally anticipated. The first and foremost reason is cost. It is very difficult for a project
sponsor to afford a storage facility even with the most favorable financing terms available.
Second, the federal permitting processing is more costly, time consuming, and restrictive than it
was in 1982. For example, in 1985 the federal 404 permit for the Sulphur Creek Dam was
obtained in nine months, at a cost of approximately $50,000. In 1996, after three and one-half
years, we received the 404 Permit for the Buffalo Municipal Dam, a smaller and less complex
project than the Sulphur Creek Dam. The actual costs related to permit acquisition were
approximately $650,000. New federal requirements for wetlands mitigation, criteria involving
purpose and need, and alternative analyses are the major reasons for the increased costs.
The impact of federal requirements on the program can best be demonstrated by the history of the
Little Snake River Valley Dam and Reservoir Project (Sandstone Project). Originally, the
WWDC sought a 404 permit for a 52,000 acre foot reservoir that would yield 12,000 acre feet per
year for irrigation purposes and 20,000 acre feet per year for future industrial use. The U.S.
Army Corps of Engineers denied the permit using the argument that there was no specific defined
use for 20,000 acre-feet of the water. The project did not meet the federal requirements for
"purpose and need." Therefore, according to personnel from the Army Corps of Engineers, the
impacts to wetlands and aquatic habitat resulting from the project were not warranted, no matter
how well those impacts were to be mitigated. This decision severely impacted the ability of the
program to construct storage projects and market water for future uses. More recently the federal
agencies have determined, based on their rules and regulations, that they can only issue permits
for the "least environmentally damaging alternative." Unfortunately, the federal interpretation of
"purpose and need" tends to ignore state goals and objectives such as increased recreation,
hydropower production, instream flow releases, and economic development. The result of this
federal position is a predisposition toward the construction of small, single purpose projects. If
this position prevails, dam construction will be limited to small, off-channel reservoirs supplied
by canals diverting water from streams and rivers. For example, the Greybull Valley Project,
intended as a supplemental agricultural water supply, consists of a 30,000 acre foot off-channel
reservoir supplied by a canal and diversion structure on the Greybull River.
Another descriptor of the program's history is an analysis of how water development funds have
been spent over the past twenty-one years. The following is a breakdown of total program
expenditures from 1980 to June 30, 2003:
Based on the program's history and projections into the future, the following conclusions can be made
relative to the next five years:
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1. While the Water Development Program has provided assistance to a number of
agricultural projects, those projects have been relatively small in scope. The agricultural
industry is presently concentrating on preserving what they have, rather than developing
new supplies. With one exception, the Wyoming Water Development Program has not
been requested to assist in a water project that would place new lands under production.
The agricultural projects that rely on federal storage projects can expect financial impacts
caused by unfunded federal mandates relating to dam safety, water conservation,
endangered species, and environmental protection.
2. The major expenditures in the state project category have been for the state's
share of the construction of the Buffalo Bill Dam Enlargement and the repair and
maintenance of Fontenelle Dam. It is difficult to acquire the necessary federal permits
and clearances for construction of large mainstream dams and reservoirs. In addition, the
costs associated with construction of large mainstream dams are extremely high. For the
short term, it is anticipated that multi-purpose state project expenditures will be limited to
enlargements of existing facilities to replace storage lost due to silt accumulation, to
construction of small off channel reservoirs, and to the construction of other
miscellaneous projects which serve more than one type of use, e.g. diversion structures
that provide water for irrigation while simultaneously accommodating fishery needs.
3. The domestic category includes municipal and special district projects.
Municipalities and other public water systems have been the major beneficiaries of the
Wyoming Water Development Program. Communities must not only be concerned with
the quantity of water they can supply for culinary, irrigation, and fire flow purposes, but
must ensure that their water quality meets ever-changing EPA requirements. Further, as
urban populations increase, the amount of water communities must supply for public
health and welfare purposes must also increase. Municipalities need enough good quality
water to meet their existing demands and the demands of the increasing number of
subdivisions presently outside their corporate limits, as well as enough water to ensure
future economic growth. The Wyoming Water Development Program has been
responsive to the needs of Wyoming communities for the past 20 years, and while major
municipal water supply projects have been funded, demands on the program for
municipal purposes will continue for the next five years and beyond.
Special districts that provide domestic water are faced with the same EPA requirements
as municipalities. As a result the Water Development Program is receiving an increasing
number of requests for funding assistance from special districts. Wyoming's previously
weak subdivision laws are partially to blame for this problem. Subdivisions served by
shallow wells sometimes experience water quality problems caused by septic and leach
field systems. The long-term solution is to improve the municipal water supply systems
so they can be supportive in solving the problems of the surrounding subdivisions. In the
short term it is apparent that the Wyoming Water Development Program will be receiving
additional requests for funding assistance from special districts. However, the legislature
enacted measures during the 2000 budget session that amended existing subdivision
regulations to more thoroughly address water and sewer health and safety needs. This
action, coupled with improvement and expansion of municipal systems so they can be
more supportive in solving water supply problems of the surrounding subdivisions, may
provide the necessary long-term solutions for special districts.
4. Non-project expenditures relate to appropriations made from the water
development accounts to augment the general fund. For example, the agency budgets for
the Water Development Office, State Engineer's Office, and Water Resource Data
System have been appropriated from the water accounts. An appropriation was also
made to supplement funding for education. In addition, the state's costs for water related
litigation is funded from the water development accounts.
In summary, the scope of the Wyoming Water Development Program has changed over the past
20 years. However, the program continues to serve the principle that initiated the program; the
effective and efficient use of water entitlements is necessary to preserve Wyoming's water for
Wyoming's future.
E. Program Operation
The State Engineer's Office of Water Planning Program originally staffed the Interdepartmental
Water Conference, which was the predecessor to the Wyoming Water Development Commission.
In 1979, the Wyoming Water Development Commission was formed and an independent staff
was developed. The Commission was created to streamline the administration of the program
and make it more effective.
The statutory authority for the Wyoming Water Development Program is vested with the ten-
member Wyoming Water Development Commission (WWDC), which meets 8 to 12 times per
year. The program is administered through the Wyoming Water Development Office (WWDO),
which includes a director, 18 staff members, and one contract employee. Over the past five years,
the commission and staff have overseen and administered project expenditures averaging
approximately $30 million dollars per year.
The Wyoming legislature has periodically increased the responsibilities of the WWDC and
WWDO. In 1986 the administration of the construction of water development projects was
transferred from the Department of Economic Planning and Development (DEPAD) to the
WWDC. Also in 1986, the legislature assigned the WWDC responsibilities with respect to the
instream flow law. In 1991 the management of the state's water investments was transferred from
the Economic Development and Stabilization Board to the WWDC. In 1999 the legislature
authorized 3 additional staff to conduct river basin planning.
The Wyoming Water Development Office includes a Project Planning Division, a Basin Planning
Division, and a Construction Division. An administrator, who also assists with project
management, oversees each division. The Project Planning, Basin Planning, and Construction
divisions each have four project managers who are responsible for day-to-day project
administration and special projects. The Planning Division serves to administer project studies
(Level I Reconnaissance Studies and Level II Feasibility Studies), assists the Director and
WWDC in making funding recommendations, and performs the planning functions of the agency.
The operation of the Planning Division is guided by the "Operating Criteria of the Wyoming
Water Development Program". The Basin Planning Division administers basin planning studies,
assists the Director and the WWDC in making funding recommendations, and performs the basin
planning functions of the agency. The Construction Division serves to administer Level III
construction projects. The operation of the Construction Division is guided by the "Operating
Criteria of the Construction Division, Wyoming Water Development Office". The Director is
responsible for the operation of the entire program, serves as the contact with the WWDC,
Governor, and legislature, and performs special assignments for the Governor. A small fiscal
control and secretarial staff support the Director, administrators, and project managers.
Individual project administration has historically been the priority of the WWDO. However,
because of renewed interest in the statewide water planning process, additional staff has been
authorized for basin planning purposes. It is interesting to note that the number of projects
within the program determines the staff workload, as opposed to the level of the appropriations.
Administering a small project can be more time consuming than working on a larger project. The
WWDC will continue to use up-to-date technology to reduce administrative costs and to produce
state-of-the-art plans and projects.
The WWDC contracts with private sector consultants for the preparation of river basin plans and
project technical studies, such as Level I Reconnaissance Studies and Level II Feasibility Studies.
Further, the WWDC contracts with the project sponsors who serve as the lead agency during the
Level III Construction process. The project sponsors use private sector consultants for
preparation of project plans and specifications. They are also required to solicit bids from private
contractors for project construction.
While the statutes pertaining to the Wyoming Water Development Program provide guidance and
the framework for the program, they were intentionally meant to be very broad. The Wyoming
Water Development Commission is responsible for developing the priorities, guidelines, and
criteria for the program. The "Operating Criteria of the Wyoming Water Development Program",
has been developed by the WWDC in consultation with the legislative Select Water Committee.
The criteria is reviewed on an annual basis to ensure it directs the program in an efficient and
effective manner, and continues to address the needs of Wyoming in a manner consistent with
available program resources.
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