Wyoming State Water Plan - Bear River Basin Advisory Group: Reference Notebook, Proposed Statute Changes

Proposed Statute Changes - Examples

1) Water Savings Through Conveyance Efficiency Improvements Example

(Salvage Water)

Existing Situation

Three ditches serving 490 acres. Each ditch has substantial leakage and high conveyance loss.

Assume all have similiar priority dates.

Proposed Improvements

Move all three ditches to a single point of diversion to "save" the water currently lost to ditch seepage.

Due to a decrease in water loss during conveyance, the irrigators of these three fields can get the same production by only diverting 6.5 cfs rather than the 7 cfs appropriated to these lands.

A community group is interested in increasing the flows in the city park downstream of these irrigated lands. The group is willing to compensate the irrigators for the delivery of this 0.5 cfs to the city park.

Wyoming does not currently have a statutory definition for salvage water, which could allow for the change of use and administrative protection of this water to a downstream point.

This example could also include the lining of the single ditch and/or laterals to potentially save additional water.

2) Seasonal or Temporary Changes in Use - Same Owner Retains the Water Right

Both Field A and B are owned by the same irrigator. Field B is more marginal land than is Field A and being at the end of the ditch, water management on that parcel is more difficult. The water right holder is interested in seasonally (every August and September) changing the use of the water rights associated with Field B to an instream flow use.

The water right holder might also be interested in moving the water right from Field B and also Field A during drought years to provide some supplemental water to a nearby municipality when other appropriators may be diverting their maximum allowed water right. This temporary change could be triggered by certain hydrologic criteria, when a shortage to the town would be anticipated.

In both these examples, the water right holder would retain the ownership of the water right. Under a leasing arrangement, the water right could be temporarily changed to a different use.

3) Dry Year Leasing Example

Drytown, Wyoming generally has a sufficient water supply. But during drought years, there is concern that the other diversions along the creek could call out their water right. Drytown would like to negotiate a water rights lease with Farmer McGee that would only apply during the dry years when the city's water supply is vulnerable. Farmer McGee could negotiate to lease all or a part of his 12 cfs right. The water right provisions of the lease would be reviewed and acted upon by the Wyoming Board of Control or the State Engineer to assure no injury to other appropriators. The water right would remain attached to Farmer McGee's land; it would not be transferred to Drytown.

4) Privately held instream flow example

Rancher Jones is interested in enhancing the fishery between his 1902 diversion and his 1897 diversion.

He would like delivery of his 1902 water right to the headgate, but at certain times of the summer he may want to keep the water in the stream rather than irrigate.

Under current water law, any amount not diverted by the 1902 water right should go to Rancher Smith for diversion under his 1906 priority.

Should the law allow for other options to be considered taking into account all the other appropriators, without rancher Jones fist giving his water right to the State.

Bear River Basin Reference Notebook Table of Contents
Wyoming State Water Plan Homepage | Search the State Water Plan Website