Wyoming’s Plan for a Ground Water Management Plan

1. Wyoming’s Plan for a Ground Water Management Plan Jeremy Manley Wyoming State Engineer’s Office Ground Water Division jmanle@seo.wyo.gov (307) 777-7730

2. Thank You.

3. Thank You! A thank you to those who make the information available for each respective state (country) consulted for our project. Including the WSWC , WSWC members, and attendees of the WIMS meetings.

4. Support Staff: Sheri Culver (Supervisor) Polly Helzer Doug McDonald Linda Miller Krissie Groth Roxanne Trujillo Cynthia Arnold Technical Staff: Lisa Lindemann (Administrator) John Harju Cheryl Verplancke Jeremy Manley Scott Horgen Mike Ebsen Sheryl (Sunny) Lett Tom Johnson PJ Wilber Jed Rockweiler Beth Tebben Ground Water Division Staff

5. Topics to Cover: • Brief Overview of Wyoming Water Law • Discussion of Water Availability for Current and Future Development • Preparation of Ground Water Management Plan Elwood Mead while Wyoming State Engineer(1890-1899) Photo from Wyoming State Museum

6. The Wyoming Constitution Provides: • The Wyoming Constitution (Article 8, Section 1) establishes water as 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.” • The State Engineer is charged with general supervision of waters of the State - responsibility for administering interstate and intrastate streams and rivers.

7. Basic Tenets of Wyoming Water Law • “First in time is first in right” • Wyoming is a permit state – need a permit before using or storing water • Permits are to be issued unless not in the public interest or the source of supply is already fully appropriated • Proof of beneficial use leads to adjudication, but not all rights need to be or are adjudicated • State Engineer is to see that the maximum beneficial use of the State’s water is made • Permits are regulated just like adjudicated water rights

8. Goals of the State Engineer’s Office: • Provide for the proper regulation and administration of the waters of the State of Wyoming • Preserve Wyoming’s water allocations to safeguard the State’s current and future water supplies • Complete water resources information acquisition and transfer necessary for the appropriate management, regulation and administration of the State’s waterresources

9. Divisions of the State Engineer’s Office • Surface Water and Engineering Division • Ground Water Division • Board of Control Division • Support Services Division • Interstate Streams Division

10. Discussion of Water Availability for Future Development and Use Current Issues and Concerns

11. Ground Water Development Concerns Due to various constraints, certain areas may not be conducive to ground water development. For example: • Areas impacted by Court Decree or Interstate Compacts • North Platte Modified Decree • Bear River Compact • Ground Water Control Areas (3) • Populated areas where existing appropriators may be impacted

12. Ground Water Development Concerns (continued) • Fort Union Formation in the Powder River structural basin; • High Plains Aquifer in the southeast portion of the state. • Conversion of agricultural lands to small acreage rural properties – in areas of limited water availability • Ground Water/Surface Water Interactions

13. Ground Water Development Concerns (continued) Springs

14. Springs/Flowing wells W.S. 41‑3‑933.  Express conditions limiting rights of appropriator; additional conditions: It is an express condition of each underground water permit that the right of the appropriator does not include the right to have the water level or artesian pressure at the appropriator's point of diversion maintained at any level or pressure higher than that required for maximum beneficial use of the water in the source of supply. The state engineer may issue any permits subject to such conditions as he may find to be in the public interest. (underline emphasis added)

15. Spring Interference How should we address springs involved in interference claims? (Permits are conditioned that artesian flows are not guaranteed.) Not all Springs filed as Ground Water • How involved should we get if a spring stops flowing? • Would we actually regulate other appropriators in hopes that a spring would begin flowing again?

16. Planning for Ground Water Management Plan

17. Authority for Ground Water Plan W.S. 41‑3‑909.  State engineer; powers generally:  In the administration and enforcement of this act [§§ 41‑3‑901 through 41‑3‑938] and in the effectuation of the policy of the state to conserve its underground water resources, the state engineer is authorized and empowered on advice and consent of the board of control…to prescribe such rules and regulations as may be necessary or desirable to enable him to efficiently administer this act…

18. Multi Phase Project • Phase I – Investigate what has or is being done by other states/countries • Phase II – Use Phase I to set out goals or strategies to use within our current statutory framework and those which are not covered at present • Phase III – Recommend changes necessary to implement results of Phase II • Phase IV – Public approval and Legislative change

19. Phase I • Select list of States and Countries for technical staff to review and gather data • Present summary of findings to project group • Prepare list, as a group, of important management goals and strategies to implement those goals

20. Arizona Nevada New Mexico Texas Oklahoma Kansas Colorado South Dakota Montana Idaho Washington Nebraska Utah Wyoming Orange County, CA Victoria, Australia New South Wales, Australia Chile Mexico States and Countries Reviewed

21. Phase II • Select goals and strategies of interest to Wyoming • Address feasibility of goals and strategies within current statutory and constitutional authority

22. Safe Yield Minimize Harm to Existing Rights Protect Senior Rights Planned Depletion Reduce Demand Minimize Restrictions Economic Efficiency Protect Water Quality Reasonable Use Ensure Adequate Supply Some Goals or Strategies of Interest -list is not complete or finalized

23. This is a Work in Progress.This is dovetailed with a re-write of the Regulations for Ground Water and Minimum Well Construction Standards.We have a timeline to meet.

24. Other Efforts of Ground Water Use Quantification – present and future • Basin Plans – Basin Advisory Groups • Compact and Decree Compliance • State Geological Survey • Local/County/State Coordination on Critical Areas

25. Project by Local Governing Body Laramie County Aquifer Study Funded by Wyoming Water Development Commission Sponsored by Laramie County, Wyoming

26. Project Objectives • Give the county decision makers tools to make sound decisions for development (subdivision review/approval is main component) • Includes • Aquifer Assessment • Water Resources Atlas • Aquifer Management System • Project will have Public Scoping Meeting September 27, 2007

27. Thank You, a second time Visit our Website at http://seo.state.wy.us Comments are welcome We also still answer the telephone (307) 777-6163