News & Press Releases

November 1, 2024  

LaPrele Irrigation District  

Board of Directors  

P.O. Box 115  

Douglas, WY 82633  

RE: LaPrele Dam Breach Order, Permit #1581R (Official Order here) 

Dear LaPrele Irrigation District:  

This letter serves as a Breach Order in response to the known structural deficiencies associated  with LaPrele Dam. The known structural deficiencies include but are not limited to:    

1. Shear cracks identified in the dam’s buttresses and the and former ogee spillway crest.  These cracks were discovered by HDR on September 24, 2019 and detailed in a technical  memo dated October 17, 2019. These deficiencies, primarily the cracking on Buttress  number 17, led to the implementation of a storage restriction dated November 20, 2019.  The storage restriction limited water storage to an elevation of 5475’. This also led to  additional investigations and analyses that identified further cracking in other buttresses  and locations in the dam.  

2. The movement of cracks on Buttress #2 and the former ogee crest of the dam. The  propagation of these cracks was first brought to the attention of the Wyoming State  Engineer’s Office (WYSEO) on August 16, 2024, and was further discussed with the  LaPrele Irrigation District (District) board members and their technical representatives  from HDR and RESPEC at a meeting on August 27, 2024.  

3. New cracking above the outlet pipe. A follow-up inspection was conducted by HDR on  October 14th and 15th, 2024 in response to the crack movement described above. That  inspection revealed new cracking located above the outlet pipe.  

Throughout the events described above, my office has been involved in discussions and meetings  with the District and its engineering consultant representatives as well as the Wyoming Water  Development Office. I appreciate this collaboration and the information the District has provided  throughout the multiple years we have been monitoring the LaPrele Dam conditions. This has  informed previous decisions including the 2019 fill restriction order issued by the WYSEO and  has been valuable as I make decisions necessary to fulfill my statutory responsibilities. On October  24, 2024, representatives from the WYSEO, the District, their technical representatives from HDR and RESPEC, and the Wyoming Water Development Office met and discussed the recent  indications of the dam’s deteriorating structural integrity, its inability to safely pass frequent hydrologic run-off flows, and the risks these conditions impose on life and property. Based upon  all of the information available, use of the dam to store water poses an unacceptable risk to life  and property. Due to the structural deficiencies listed above and the associated hydrological risk, my staff and I have determined that LaPrele Dam is an immediate threat to life and property as  described in Wyoming Statute § 41-3-314(a).  

It is therefore Ordered that the LaPrele Dam be fully breached (removed) to a final elevation  of 5400’ no later than April 1, 2025.  

Currently there is very little storage behind the dam and the outlet works are completely open and  under this Order shall remain completely open. The outlet is currently capable of passing the  inflows. Base flows during winter are not expected to exceed the dam’s ability to pass inflows and  will therefore not allow any new storage. The potential for any new storage to accrue is not  expected until after April 1, 2025 when inflows are expected to increase. However, because  hydrology is uncertain, if actual conditions indicate the potential for storage to occur, the WYSEO  may require the breach be completed prior to April 1, 2025.  

There are potential benefits to a higher elevation breach which are currently being discussed and  analyzed. At this time, sufficient information does not exist that a higher elevation breach can be  safely accomplished. Future amendments to this Order and the breach at elevation of 5400’ may  be considered if a clear benefit can be shown and it can be accomplished without an increased risk  to life and property.  

The Wyoming Safety of Dams Law requires that plans and specifications for any major repair or  rehabilitation that will affect the safety of the dam or the reservoir be prepared by a professional  engineer who is licensed in Wyoming. The plans and specifications are then to be submitted to the  WYSEO for review and approval prior to beginning any work. This requirement applies to any  work associated with the breach required by this Order.  

It is the District’s responsibility to comply with any other state or federal laws, regulations, or  permitting requirements which may apply to the breach required by this Order.  

Should you have any questions or comments regarding this matter please contact the WYSEO.  

Sincerely,  

Brandon Gebhart, P.E.  

State Engineer  

The State Engineer’s role in industrial development and siting is outlined under Wyoming Statute (W.S. § 35-12-108). If an applicant for an industrial siting permit plans to construct a facility which will use more than 800 acre-feet (260.7 million gallons) of water per year, the applicant must submit a water supply and water yield analysis to the State Engineer. The State Engineer will then review the analysis and “render a preliminary opinion as to the quantity of water available for the proposed facility” (W.S. § 35-12-108(c)). 

Pursuant to W.S. 35-12-108, the State Engineer’s Office published the preliminary opinion once a week for three consecutive weeks in the Green River Star (i.e., September 19th & 26th, and October 3rd, 2024).  Before rendering a final opinion as to the quantity of water available for the proposed Dry Creek Trona Project – Alternative D, the State Engineer provided a 20-day period after the last date of publication which ended on October 23rd, 2024, for the submission of written comments. The only comment received was a letter from the Wyoming Game and Fish Department.  That letter and the SEO response are available as Appendix A of the final opinion.

State Engineer’s Final Opinion – Water Supply and Water Yield Analysis for Dry Creek Trona Project – Alternative D, Sweetwater County, Wyoming

Water Supply and Yield Analysis Report

NOTICE is hereby given that an election will be held December 4, 2024 at the Board of Control Office, 1560 B Johnston Street, Wheatland, Wyoming, to elect three board members to the Platte County Groundwater Control Area Advisory Board. The vacancies are created by the expired terms previously filled by Doug DeRouchey (District 1), Richard Johnson (District 2), and Kelly Kennedy (District 3) – each of whom has served one term and is eligible to serve a second four-year term. 

Nominations for this election were made by the Nominating Committee of the Platte County Control Area formed pursuant to Wyoming Statute 41-3-913. The following individuals will be appearing on the ballot:

Doug DeRouchey (District 1)

Ryker Hyche (District 2)

Kelly Kennedy (District 3)

Ballots are available below.

Completed ballots will be collected at the Board of Control Office from 9:00 A.M. until 4:00 P.M. from those who are eligible to vote within Districts 1, 2 and 3 only. Voters are entitled to one vote per acre of land owned in each respective District within the control area. Only the votes which derive from within each District shall be cast in the election of the District board member. Ballots will include a space for write-in candidates. If you are unable to be present, proxy forms are available below. Completed proxy forms will only be collected on December 4, 2024 from 9:00 A.M. until 4:00 P.M. at the Board of Control Office.    

Advisory board members must own land or groundwater rights, or be the officers, officials or members of the board of a corporation which owns land or groundwater rights within the control area. District boundaries within the Platte County Groundwater Control Area can be viewed at https://seo.wyo.gov/ground-water/control-areas-and-advisory-boards/platte-county-ca or are available by contacting our office.

Following the closing of the election, the State Engineer’s Office will verify collected ballots for voter eligibility pursuant to Wyoming Statute § 41-3-913, which states in part: 

“Every person or corporation owning, or by virtue of public land filing, entitled to possession of land which is a part of the control area is entitled to cast for each member to be elected one (1) vote for each acre of such land as assessed upon the last annual assessment roll of the county in which the land is located, or as shown by the public land filing.  A person owning a tract of land of less than one (1) acre is entitled to cast one (1) vote for each member to be elected.  The grantee or assignee of the water in or under any described land is entitled to vote, as prescribed herein, in the place of the person or corporation owning or entitled to the possession of the land.  However, if board member districts are established, only the votes which derive from within each district shall be cast in the election of the district board member.”

Within five (5) business days, the State Engineer’s Office will announce the election results.

This election is being held pursuant to and under the authority of Wyoming Statute § 41-3-913. 

For further information, please contact Markus Malessa, Assistant Administrator, Ground Water Division, at (307) 777-6166.

2024 Ballot (Required)

2024 Certificate (Required)

2024 Vote by Proxy

NOTICE is hereby given that an election will be held November 21, 2024 at the Pine Bluffs Town Hall, 215 Main Street, Pine Bluffs, Wyoming, to elect three board members to the Laramie County Groundwater Control Area Advisory Board. The vacancies are created by the expired terms previously filled by Todd Fornstrom (District 1), Cody Smith (District 2), and Laurie Jackson (District 3) – each of whom has served one term and is eligible to serve a second four-year term. 

Nominations for this election were made by the Nominating Committee of the Laramie County Control Area formed pursuant to Wyoming Statute 41-3-913. The following individuals will be appearing on the ballot:

Todd Fornstrom (District 1)

Brant Miller (District 2)

Laurie Jackson (District 3)

Ballots are available below.

Completed ballots will be collected at the Pine Bluffs Town Hall from 9:00 A.M. until 4:00 P.M. from those who are eligible to vote within Districts 1, 2 and 3 only. Voters are entitled to one vote per acre of land owned in each respective District within the control area. Only the votes which derive from within each District shall be cast in the election of the District board member. Ballots will include a space for write-in candidates. If you are unable to be present, the proxy form are available below. Completed proxy forms will only be collected on November 21, 2024 from 9:00 A.M. until 4:00 P.M. at the Pine Bluffs Town Hall.    

Advisory board members must own land or groundwater rights, or be the officers, officials or members of the board of a corporation which owns land or groundwater rights within the control area.  District boundaries within the Laramie County Groundwater Control Area can be viewed at https://seo.wyo.gov/ground-water/control-areas-and-advisory-boards/laramie-county-ca or are available by contacting our office. 

Following the closing of the election, the State Engineer’s Office will verify collected ballots for voter eligibility pursuant to Wyoming Statute § 41-3-913, which states in part: 

“Every person or corporation owning, or by virtue of public land filing, entitled to possession of land which is a part of the control area is entitled to cast for each member to be elected one (1) vote for each acre of such land as assessed upon the last annual assessment roll of the county in which the land is located, or as shown by the public land filing.  A person owning a tract of land of less than one (1) acre is entitled to cast one (1) vote for each member to be elected.  The grantee or assignee of the water in or under any described land is entitled to vote, as prescribed herein, in the place of the person or corporation owning or entitled to the possession of the land.  However, if board member districts are established, only the votes which derive from within each district shall be cast in the election of the district board member.”

Within five (5) business days, the State Engineer’s Office will announce the election results.

This election is being held pursuant to and under the authority of Wyoming Statute § 41-3-913. 

For further information, please contact Markus Malessa, Assistant Administrator, Ground Water Division, at (307) 777-6166.

2024 Ballot (Required)

2024 Certificate (Required)

2024 Vote by Proxy

HF Sinclair Parco Refining LLC filed an exchange petition with the State Engineer’s Office on May 15, 2023, to allow continued diversion under the water rights associated with their refinery located at Sinclair, Wyoming while out of priority during an allocation priority call on the North Platte River in exchange for replacement water provided by stopping all irrigation diversion and beneficial use therefrom under water rights attached to the Encampment River Ranch, a separate property owned by HF Sinclair Parco Refining LLC located near Encampment, Wyoming.  An amended petition was filed on February 15, 2024.  The State Engineer’s Office reviewed and considered this exchange petition as directed by Wyoming Statute § 41-3-106.  Further, the State Engineer’s Office held a public meeting at the Platte Valley Community Center in Saratoga Wyoming on June 4, 2024 and accepted written comments regarding the petition until June 14, 2024.

Following a thorough and thoughtful review of the petition and the public comments that were received, the State Engineer granted this petition on October 14, 2024 and issued an open letter summarizing some of the reasoning and basis for his decision. 

Exchange Petition & Exhibits

State Engineer Order & Exhibits

Open Letter

The State Engineer’s role in industrial development and siting is outlined under Wyoming Statute (W.S. § 35-12-108). If an applicant for an industrial siting permit plans to construct a facility which will use more than 800 acre-feet (260.7 million gallons) of water per year, the applicant must submit a water supply and water yield analysis to the State Engineer. The State Engineer will then review the analysis and “render a preliminary opinion as to the quantity of water available for the proposed facility” (W.S. § 35-12-108(c)).

Pursuant to W.S. 35-12-108, the State Engineer’s Office will accept written comments on the Preliminary Opinion through midnight, October 23, 2024.  Comments can be submitted to:

State Engineer’s Office/Surface Water Division

122 West 25th Street

Herschler Building, 2W

Cheyenne, WY  82002

or to jed.rockweiler@wyo.gov 

The State Engineer will consider submitted comments in preparing a final opinion which will be binding on the Industrial Siting Council for the purposes of issuing an industrial siting permit.

Water Supply and Water Yield Analysis Report, Dry Creek Trona Project – Alternative D, Sweetwater County Wyoming 

Preliminary Opinion 

Summary Preliminary Opinion 

The Division I Groundwater Advisory Committee will meet remotely Wednesday, July 17, 2024 at 2:00 P.M. to discuss the committee's selection of nominating committees for the upcoming advisory board elections in both the Laramie County Control Area and the Platte County Control Area.

One of the duties of the division advisory committee is “to call and supervise the election of the members of control area advisory boards” (W.S. 41-3-908). The division advisory committee shall select a nominating committee of not less than three persons entitled to vote in the election of the control area advisory board. The nominating committee shall nominate at least one person for election in each district of the control area in which there is a vacancy. Within thirty days of its selection, the nominating committee shall report its nominations to the division advisory committee. The division advisory committee shall call an election of members of the control area advisory board within 40 days from the date of the report (W.S. 41-3-913). 

The meeting can be attended either remotely via Google Meet (1 650-817-8631 PIN: 384 110 696#) or in person at the State Engineer’s Office’ Ground Water Conference Room (Room W230), Herschler Building 2W, 122 West 25 th Street, Cheyenne, WY.

If you have any questions, please call Lisa Lindemann, Administrator, Ground Water Division at (307) 777-5063 or lisa.lindemann@wyo.gov

To: Division Superintendents 

From: Brandon Gebhart, Wyoming State Engineer

Subject: Policy for Emergency Change in Place of Use for Stock Water (original memo linked)

     Date: May 31, 2024

With very dry conditions in some parts of Wyoming, I am authorizing emergency measures regarding changes in points of use for stock water only, extending through the calendar year 2024 only. This applies to surface water and groundwater sources. 

I will not require a formal permit or temporary water use agreement for appropriators to use stock water at points of use that are different than currently permitted. However, the following requirements must be met: 

The source must be a valid permit or adjudicated right with stock as a permitted use;

The use must be in priority in the source(s) of supply (no injury), and, if the source is a surface stream, it must not be declared to be in an "instream stock use only" condition. I am also delegating authority to each Division Superintendent to require that water be provided to meet reasonable demands for instream stock use for streams, as provided in W.S. 41-3-306, within their respective Divisions;

The change must be requested in writing to the Superintendent (you may make forms to keep these requests consistent); and

Permited rates of diversion shall not be exceeded. 

In short, the Superintendents may now authorize such changes in points of use with written documentation. If a request does not satisfy the above requirements, these simplified procedures cannot be used. 

Please contact me with any questions. 

To: All State Engineer's Office Employees

From: Brandon Gebhart, Wyoming State Engineer

Subject: Policy on water for fire fighting (original memo linked)

     Date: May 31, 2024

With the potential for a dry season approaching in some parts of Wyoming, the State Engineer's Office may be contacted by various firefighting entities about our policy on the use of water for fighting wildfires. The occurrence of wildfires is usually unpredictable and finding water sources to fight wildfires is also unpredictable. Therefore, in emergency situations where wildfires are being managed, any water supply may be used for fighting the fire and any other ancillary uses such as dust abatement on roads, potable supplies, etc.

It is assumed that the entity in charge of fighting the fire will make an attempt to utilize the least disruptive water supply source available. If firefighting is occurring in your Division or District, any assistance you can provide in locating water supply sources for fighting wildfires will most likely be appreciated by the firefighting entity. It would be helpful if you keep a log of where water is obtained and an estimate of how much water is used.

      If you have questions regarding this Memorandum, please contact Jeff Cowley, 307-777-1942. 

The Laramie County Control Area Advisory Board will hold a special meeting on Monday, May 6, 2024 at 9:00 A.M. in Public Meeting Room 6 in the Capitol Extension (200 W 24th Street, Cheyenne, WY). 

The purpose of the meeting is for the Control Area Advisory Board to hear the contested case hearing on four applications for new miscellaneous use wells in the Laramie County Control Area identified by Docket No. 2022-3 as to Temporary Filing Numbers U.W. 46-4-195 (the Te Velde Lance No 1 well), 46-5-195 (the Te Velde Lance No 2 well), 46-6-195 (the Te Velde Lance No 3 well), and 46-7-195 (the Te Velde Fox Hills No 1 well). 

If additional time is required for the hearing, the meeting may continue Tuesday, May 7, 2024. 

The advisory board will not be taking any public comment during the meeting. 

For further information, contact Lisa Lindemann, Administrator, Ground Water Division, at 777-5063.

The Platte County Groundwater Control Area Advisory Board will meet Wednesday, February 28, 2024 at 1:00 P.M. in the Board of Control field office at 1560 B Johnston Street, Wheatland, WY 82201, to discuss and provide a recommendation to the State Engineer as to whether or not a ground water application from the Wyoming Department of Transportation (Temporary Filing Number U.W. 46-2-382, El Rancho Well No 1 WYDOT Project 161006) should be approved. 

The meeting will also be accessible by Google Meet for those who wish to attend remotely. For additional information, please contact Lisa Lindemann, Administrator, Ground Water Division, at (307) 777-5063.

The Laramie County Groundwater Control Area Advisory Board will meet on Thursday, February 22, 2024, at 9:00 A.M. in Conference Room W230, Herschler Building 2W, 122 West 25 th Street, Cheyenne, to discuss and offer recommendations to the State Engineer on a groundwater application from Alejandro Sanchez (Temporary Filing Number U.W. 46-10-359, the A and L No 1 Well), and a Board of Control Petition, Docket No. I-U-2022-1-1 (Amended) on behalf of Dennis and Barbara Baer. 

The meeting will also be accessible by Google Meet for those who wish to attend remotely. For additional information, please contact Lisa Lindemann, Administrator, Ground Water Division, at (307) 777-5063.

The State Engineer’s role in industrial development and siting is outlined under Wyoming Statute (W.S. § 35-12-108). If an applicant for an industrial siting permit plans to construct a facility which will use more than 800 acre-feet (260.7 million gallons) of water per year, the applicant must submit a water supply and water yield analysis to the State Engineer. The State Engineer will then review the analysis and “render a preliminary opinion as to the quantity of water available for the proposed facility” (W.S. § 35-12-108(c)). 

Pursuant to W.S. 35-12-108, the State Engineer’s Office published the preliminary opinion once a week for three consecutive weeks in the Green River Star (i.e., December 14th, 21st, and 28th, 2023).  Before rendering a final opinion as to the quantity of water available for the proposed Project West – West Soda LLC, the State Engineer provided a 20-day period after the last date of publication which ended on January 17, 2024, for the submission of written comments. No comments were received.

State Engineer's Final Opinion- Water Supply and Water Yield Analysis for Project West - West Soda LLC, Sweetwater County, Wyoming 

Water Supply and Yield Analysis Report 

The State Engineer’s role in industrial development and siting is outlined under Wyoming Statute (W.S. § 35-12-108). If an applicant for an industrial siting permit plans to construct a facility which will use more than 800 acre-feet (260.7 million gallons) of water per year, the applicant must submit a water supply and water yield analysis to the State Engineer. The State Engineer will then review the analysis and “render a preliminary opinion as to the quantity of water available for the proposed facility” (W.S. § 35-12-108(c)).

Pursuant to W.S. 35-12-108, the State Engineer’s Office will accept written comments on the Preliminary Opinion through midnight, January 17, 2024.  Comments can be submitted to:

State Engineer’s Office/Surface Water Division

122 West 25th Street

Herschler Building, 2W

Cheyenne, WY  82002

or to jed.rockweiler@wyo.gov

The State Engineer will consider submitted comments in preparing a final opinion which will be binding on the Industrial Siting Council.

WATER SUPPLY AND WATER YIELD ANALYSIS  for  PROJECT WEST‐WEST SODA LLC, SWEETWATER COUNTY, WYOMING 

PRELIMINARY OPINION 

SUMMARY PRELIMINARY OPINION 

Due to extenuating circumstances, the special meeting of the Laramie County Control Area Advisory Board is postponed.  There will be no meeting on November 13, 2023.  

The Laramie County Control Area Advisory Board will hold a special meeting on Monday, November 13th in Public Meeting Room 2 in the Capitol Extension (200 W 24th Street, Cheyenne, WY) beginning at 9:00 A.M.  The sole purpose of the meeting is to attend the contested case hearing on four applications for new miscellaneous use wells in the Laramie County Control Area identified by Docket No. 2022-3 (as to Temporary Filing Numbers U.W. 46-4-195 (the Te Velde Lance No 1 well), 46-5-195 (the Te Velde Lance No 2 well), 46-6-195 (the Te Velde Lance No 3 well), and 46-7-195 (the Te Velde Fox Hills No 1 well).  If additional time is required for the hearing, the meeting may continue Tuesday, November 14th. 

The Board will not be taking any public comment during the meeting.  

For further information, contact Lisa Lindemann, Administrator, Ground Water Division, at 777-5063.

An election was held July 27, 2023 at the Pine Bluffs Town Hall, 215 Main Street, Pine Bluffs, Wyoming, to fill two vacancies on the Laramie County Groundwater Control Area Advisory Board.  The vacancies were created by the expiration of terms previously filled by Mr. Tyler Lerwick (District 4) and Mr. Brady Petsch (District 5). 

Following the closing of the election, the State Engineer’s Office verified collected ballots for voter eligibility pursuant to Wyoming Statute § 41-3-913, and confirmed the members-elect own land or groundwater rights, or are the officers, officials or members of the board of a corporation which owns land or groundwater rights within the Laramie County Groundwater Control Area.  

The State Engineer's Office is honored to announce the results of the election and congratulates Mr. Brady Petsch on being elected to serve a second term representing District 5, and new member-elect, Mr. Ryan Kirkbride who will represent District 4. Both will serve as advisory board members for a four-year term.  

Control Area Advisory Boards typically review petitions to amend existing water rights, and applications to appropriate underground water for any use other than domestic, stock watering or miscellaneous purposes where the quantity of water to be appropriated is twenty-five (25) gallons of water per minute or less, from an area designated as a control area by the State Board of Control.  The application or petition shall be granted and the permit issued only if the State Engineer finds, after receiving the advice of the Control Area Advisory Board, that there are unappropriated waters in the proposed source, that the proposed means of diversion or construction is adequate, that the location of the proposed well or other work does not conflict with any well spacing or well distribution regulation and that the proposed use would not be detrimental to the public interest. 

The State Engineer’s Office appreciates your willingness to serve on the Advisory Board and looks forward to working with you.

An election was held July 26, 2023 at the Board of Control Office, 1560 B Johnston Street, Wheatland, to fill two vacancies on the Platte County Groundwater Control Area Advisory Board.  The vacancies were created by the expiration of terms previously filled by Jason Reyes (District 4) and Amy Johnston Miller (District 5).  Both Mr. Reyes and Ms. Johnston Miller served two consecutive terms on the board and were not eligible for additional four-year terms.   

Following the closing of the election, the State Engineer’s Office confirmed the nominee(s) owns land or groundwater rights, or is the officers, officials or members of the board of a corporation which owns land or groundwater rights within their representative district of the Platte County Groundwater Control Area.  

The State Engineer's Office is honored to announce the results of the election and welcomes Brandin Miller as the representative of District 5 of the Platte County Groundwater Control Area Advisory Board.  Mr. Miller will serve on the advisory board for a four-year term.  

Control Area Advisory Boards typically review petitions to amend existing water rights, and applications to appropriate underground water for any use other than domestic, stock watering or miscellaneous purposes where the quantity of water to be appropriated is twenty-five (25) gallons of water per minute or less, from an area designated as a control area by the State Board of Control.  The application or petition shall be granted and the permit issued only if the State Engineer finds, after receiving the advice of the Control Area Advisory Board, that there are unappropriated waters in the proposed source, that the proposed means of diversion or construction is adequate, that the location of the proposed well or other work does not conflict with any well spacing or well distribution regulation and that the proposed use would not be detrimental to the public interest.

Congratulations to Mr. Miller on being elected to the Advisory Board, and welcome! The State Engineer's Office appreciates your willingness to serve on the Advisory Board and looks forward to working with you.

Since no nominees for the board position representing District 4  were received, the position will be appointed by the remaining members of the Advisory Board.  

An election was held July 25, 2023 at the Goshen County 3A Prairie Center Fire Hall to fill two vacancies on the Prairie Center Groundwater Control Area Advisory Board.  The vacancies were created by the expiration of terms previously filled by Dylan Hager and Greg DesEnfants. Mr. Hager served one term and was eligible to serve a second term.  Mr. DesEnfants served two consecutive terms and was not eligible for an additional four-year term.  

Following the closing of the election, the State Engineer’s Office verified collected ballots for voter eligibility pursuant to Wyoming Statute § 41-3-913, and confirmed the members-elect own land or groundwater rights, or are the officers, officials or members of the board of a corporation which owns land or groundwater rights within the Prairie Center Groundwater Control Area.  

The State Engineer's Office is honored to announce the results of the election and congratulates Mr. Dylan Hager on being elected to serve a second term, and new member-elect, Mr. Joe Campbell.  Both  will serve as advisory board members for a four-year term.  

Control Area Advisory Boards typically review petitions to amend existing water rights, and applications to appropriate underground water for any use other than domestic, stockwatering or miscellaneous purposes where the quantity of water to be appropriated is twenty-five (25) gallons of water per minute or less, from an area designated as a control area by the State Board of Control.  The application or petition shall be granted and the permit issued only if the State Engineer finds, after receiving the advice of the Control Area Advisory Board, that there are unappropriated waters in the proposed source, that the proposed means of diversion or construction is adequate, that the location of the proposed well or other work does not conflict with any well spacing or well distribution regulation and that the proposed use would not be detrimental to the public interest. 

The State Engineer's Office appreciates your willingness to serve on the Advisory Board and look forward to working with you.

To: All State Engineer's Office Employees

From: Brandon Gebhart, Wyoming State Engineer

Subject: Policy on water for fire fighting (original memo linked)

     Date: July 25, 2023

With the potential for a dry season approaching in some parts of Wyoming, the State Engineer's Office may be contacted by various firefighting entities about our policy on the use of water for fighting wildfires. The occurrence of wildfires is usually unpredictable and finding water sources to fight wildfires is also unpredictable. Therefore, in emergency situations where wildfires are being managed, any water supply may be used for fighting the fire and any other ancillary uses such as dust abatement on roads, potable supplies, etc.

It is assumed that the entity in charge of fighting the fire will make an attempt to utilize the least disruptive water supply source available. If firefighting is occurring in your Division or District, any assistance you can provide in locating water supply sources for fighting wildfires will most likely be appreciated by the firefighting entity. It would be helpful if you keep a log of where water is obtained and an estimate of how much water is used.

      If you have questions regarding this Memorandum, please contact Jeff Cowley, 307-777-1942. 

CHEYENNE, Wyo. – On July 10, 2023, the State Engineer issued an "Open Letter to Appropriators and Interested Parties in the Vicinity of the LaGrange Aquifer Subject Area as Defined in the State Engineer's Order of July 19, 2013" (below) in which he conveyed his decision to maintain the provisions of the First Amended Order of the State Engineer - Horse Creek Basin issued May 31, 2017, amending the Original Horse Creek Order.  

The Horse Creek Basin Amended Order was issued for the LaGrange Aquifer and surface water diversions from Horse Creek at and below the Brown and LaGrange diversion in southern Goshen County, Wyoming on May 31, 2017.  While no public hearing was held within three years of the First Amended Order due to the COVID-19 pandemic, the State Engineer's Office continued to collect data and information pursuant to the Order and review the effects of its operation.  

The Amended Order calls for closing of the area to further permitting of large capacity wells, and for the adjudication of currently unadjudicated groundwater permits.  Also, groundwater used for irrigation from the LaGrange Aquifer is limited to 45 acre-inches for the three-water-year period (2023 through 2025). Some flexibility within the three-year period is allowed.  All groundwater wells permitted for over 25 gallons per minute are required to have flow meters installed, and to report use annually.  While so limited, groundwater use is not subject to calls for regulation from surface water rights.

Surface water diversions and reservoirs are also required to have acceptable control and measurement capabilities.  Those diversions seeking to divert water during the winter are required to have acceptable control and measurement capabilities prior to diverting in the winter of 2013-2014, and any such diversions are required to be spread across the appropriate permitted (or adjudicated) acres up to the soil holding capacity only.  

Beginning November 16, 2022, the State Engineer reviewed the effects of the last three years of operation under the Order. A summary of that information was presented at the February 21, 2023 public hearing in LaGrange.  Comments from area water users relative to the Order’s corrective controls were accepted both at the hearing, and for 30 days following the hearing.  Those comments, in addition to information collected by the SEO, were used to determine whether or not the terms of the Amended Order shall continue to apply, whether a new order should be issued, or if the Amended Order should be terminated.

The State Engineer decided the terms of the existing Amended Order will continue in force, for consecutive three-year periods, until a new order is issued.  

The Amended Order may also be replaced by an operating agreement entered into by all parties subject to the Amended Order, and approved by the State Engineer as provided by Wyoming Statute W.S. §41-3-915(c).

The Amended Order is available below.  

Open Letter - Horse Creek Order (Issued July 10, 2023) 

First Amended Order of the State Engineer - Horse Creek Basin (May 31, 2017) 

Hearing Presentation (Feb. 21, 2023) 

Hearing Transcript (Feb. 21, 2023) 

The State Engineer’s role in industrial development and siting is outlined under Wyoming Statute (W.S. § 35-12-108). If an applicant for an industrial siting permit plans to construct a facility which will use more than 800 acre-feet (260.7 million gallons) of water per year, the applicant must submit a water supply and water yield analysis to the State Engineer. The State Engineer will then review the analysis and “render a preliminary opinion as to the quantity of water available for the proposed facility” (W.S. § 35-12-108(c)). 

Pursuant to W.S. 35-12-108, the State Engineer’s Office published the preliminary opinion once a week for three consecutive weeks in the Wyoming Tribune Eagle (i.e., March 4th, 11th, and 18th, 2023).  In rendering a final opinion as to the quantity of water available for the proposed CK Gold Project, the State Engineer considered comments submitted in writing within 20 days of the last date of publication.  The public comment period ended April 8, 2023; no comments were received. 

CK Gold Project Water Supply and Yield Analysis Report

SEO Final Opinion

The State Engineer’s role in industrial development and siting is outlined under Wyoming Statute (W.S. § 35-12-108). If an applicant for an industrial siting permit plans to construct a facility which will use more than 800 acre-feet (260.7 million gallons) of water per year, the applicant must submit a water supply and water yield analysis to the State Engineer. The State Engineer will then review the analysis and “render a preliminary opinion as to the quantity of water available for the proposed facility” (W.S. § 35-12-108(c)). 

Pursuant to W.S. 35-12-108, the State Engineer’s Office will accept written comments on the Preliminary Opinion through midnight, April 8, 2023. Comments can be submitted to: 

State Engineer’s Office/Ground Water Division 

122 West 25th Street

Herschler Building, 2W

Cheyenne, WY 82002

or to tim.moloney@wyo.gov

The State Engineer will consider submitted comments in preparing a final opinion which will be binding on the Industrial Siting Council. 

CK Gold Project Water Supply and Yield Analysis Report

SEO Preliminary Opinion - Summary

SEO Preliminary Opinion - Full Report 

Purchase Agreement 

Issue Date:   May 9, 2022

Contact:       David Schroeder, Division II Superintendent, 307-674-7012

Today State Engineer Brandon Gebhart announced that priority water administration in the Tongue River Basin under the Yellowstone River Compact has been lifted. State Engineer Gebhart made the announcement after receiving a letter from the State of Montana indicating the call was being lifted due to the improved hydrologic conditions within the basin. With Tongue River Reservoir in Montana likely to fill, administration activity is no longer required in Wyoming.

Montana placed the initial call on April 1, 2022, when snowpack conditions in the Tongue River were below average, and forecasts predicted below average spring runoff exacerbated by poor soil moisture conditions. However, since April 1, 2022, major improvements have occurred, including increased snowpack of about 40% combined with improved soil moisture conditions and increased water storage in Tongue River Reservoir.

The priority administration largely applied to storage accruals of post-1950 storage rights in Wyoming reservoirs. Any water stored in those reservoirs is now available for its permitted use, and is no longer subject to a later release to satisfy a shortage in Tongue River Reservoir. Many other water users in the basin were impacted due to the inability to divert post-1950 water rights during the administration period.

The Yellowstone River Compact Commission Technical Advisory Committee (TAC) members, consisting of Wyoming, Montana, and United States Geological Survey employees, continues to explore options to improve forecasting methods within the Tongue River Basin. The TAC is dedicated to improving forecasting skill in order to better predict spring runoff and the need for interstate administration in any given year.    

While the call to fill Tongue River Reservoir has lifted, any priority administration for senior Wyoming water rights is still in effect and many of the area rivers are likely to see normal stream regulation after the runoff period due to calls from senior appropriators. Montana still reserves the right to place a call in the future, if conditions warrant.

The Wyoming State Engineer’s Office can be contacted at:

Brandon Gebhart, State Engineer, 307-777-6150, brandon.gebhart1@wyo.gov

David Schroeder, Division II Superintendent, 307-674-7012, d.schroeder@wyo.gov

Michelle Gess, Yellowstone River Coordinator, 307-777-7641, michelle.gess@wyo.gov

With very dry conditions in some parts of Wyoming, I am authorizing emergency measure regarding changes in points of use for stock water only, extending through the calendar year 2022 only. This applies to surface water and groundwater sources.

I will not require a formal permit or temporary water use agreement for appropriators to use stock water at points of use that are different than currently permitted. However, the following requirements must be met:

The source must be a valid permit or adjudicated right with stock as a permitted use;

The use must be in priority in the source(s) of supply (no injury), and, if the source is a surface stream, it must not be declared to be in an "instream stock use only" condition. I am delegating authority to each Division Superintendent to require that water be provided to meet reasonable demands for instream stock use for streams within their respective Divisions;

The change must be requested in writing to the Superintendent (you may make forms to keep these requests consistent); and

Permitted rates of diversion shall not be exceeded.

In short, the Superintendents may now authorize such changes in points of use with written documentation. If a request does not satisfy the above requirements, these simplified procedures cannot be used.

Please contact Jeff Cowley with any questions.  jeff.cowley@wyo.gov

Policy on water for fire fighting May 6, 2022

With an apparent dry season approaching in some parts of Wyoming, the State Engineer's Office may be contacted by various firefighting entities about our policy on the use of water for fighting wildfires. The occurrence of wildfires is usually unpredictable and finding water sources to fight wildfires is also unpredictable. Therefor, in emergency situations where wildfires are being managed, any water supply may be used for fighting the fire and any other ancillary uses such as dust abatement on roads, potable supplies, etc.

It is assumed that the entity in charge of fighting the fire will make an attempt to utilize the least disruptive water supply source available. If firefighting is occurring in your Division or District, any assistance you can provide in locating water supply sources for fighting wildfires will most likely be appreciated by the fire fighting entity. It would be helpful if you keep a log of where water is obtained and an estimate of how much water is used.

If you have questions regarding this Memorandum, please contact Jeff Cowley. jeff.cowley@wyo.gov

Today, Wyoming, along with the states of Colorado, New Mexico, and Utah, approved the 2022 Drought Response Operations Plan (2022 Plan). The 2022 Plan was developed to help reduce the risk that Lake Powell will decline below critical elevations. Protecting critical elevations at Lake Powell maintains hydropower generation and revenues, protects infrastructure, and helps maintain compliance with the 1922 Colorado River Compact, all of which benefit Wyoming. 

The Colorado River Basin is experiencing prolonged drought, low runoff conditions, and depleted storage in Lake Powell and Lake Mead. Recent studies indicate we are experiencing the driest conditions in the Basin in more than 1,200 years. Currently, Lake Powell is only 24% full, and the risk that it will fall below the critical elevation of 3,490 feet has continued to increase. 

The 2022 Plan was developed in accordance with the 2019 Drought Contingency Plans which were adopted to respond to ongoing drought and declining reservoir levels. It was developed through a collaborative process among the Department of the Interior and Upper Division States including Wyoming. Plan development included participation from Upper Basin Tribes and federal agencies, consultation with the States of Arizona, California and Nevada, as well as input from other Colorado River Basin Tribes, water users, stakeholders, and members of the public. Additionally, Wyoming received input from its Colorado River Working Group established by Governor Gordon to discuss Colorado River matters and their implications for Wyoming. 

The 2022 Plan includes the following elements: 

● Drought Response Operations releases of approximately 500,000 acre-feet from Flaming Gorge Reservoir from May of 2022 through April of 2023; 

● Possible Drought Response Operations releases from Blue Mesa Reservoir in Colorado and Navajo Reservoir in New Mexico in the fall of 2022 and winter of 2023, contingent upon available release 

volumes; and 

● Possible operational adjustments at Lake Powell in the winter of 2023. 

The 2022 Plan can be found on the Bureau of Reclamation’s website at https://www.usbr.gov/dcp/droa.html. 

Drought Response Operations releases from Flaming Gorge Reservoir were developed within the existing authorities which govern reservoir operations. Flaming Gorge is operated for authorized purposes, including helping the Upper Basin comply with the Colorado River Compact, water storage, contract

releases, power production, recreation, and environmental conditions downstream of the reservoir for endangered fish recovery. In addition to downstream flows, plan development considered Flaming Gorge Reservoir water levels and potential impacts to recreation. 

Implementation of the 2022 Plan will result in lower water elevations at Flaming Gorge Reservoir. Current projections indicate that the reservoir will drop to elevations similar to those experienced in the 2004 to 2005 timeframe. Depending on actual water inflows during the spring and summer, the reservoir will likely be approximately 6 feet lower than it is today by the end of August 2022, and approximately 10 feet lower than it is today by this time next year after the full 500,000 acre-feet has been released. 

The 2022 Plan has been forwarded to the Secretary of the Interior for her consideration and approval. If she approves the Plan, implementation will begin in May. 

For additional information, contact Jeff Cowley, Wyoming State Engineer’s Office, at 307-777-1942 or jeff.cowley@wyo.gov.For Colorado River Working Group Information, visit 

https://seo.wyo.gov/interstate-streams/colorado-river-working-group 

Issue Date: April 7, 2022 

Contact: David Schroeder, Division II Superintendent, 307-674-7012

Wyoming State Engineer Brandon Gebhart announced yesterday that on April 1, 2022, the State of Montana placed a call under Article V(A) of the Yellowstone River Compact to fill Tongue River Reservoir in Montana. As a result, priority administration is in effect on post-1950 water rights in Wyoming which divert water from the Tongue River and its tributaries. 

The Tongue River Basin has been experiencing drought conditions over the past year with below average winter snowpack and streamflow conditions. These unfavorable conditions led to Montana’s interstate call, and prompted administration of the Tongue River Basin in Wyoming. 

The priority administration will affect post-1950 water rights within the Tongue River Basin, including storage in reservoirs, stream diversions, and groundwater withdrawals which affect river flows. As provided in the Compact, domestic uses less than ½ acre in area, and livestock uses, including stock reservoirs less than 20 acre-feet in capacity, are excluded from this administration but could be subject to future regulation to satisfy senior Wyoming water rights. All other post-1950 rights will be regulated off or prevented from turning on. Wyoming water commissioners will continue to administer reservoir storage and post-1950 diversions throughout the spring and work with affected water users until the administration is lifted. 

Beginning on April 1, Wyoming water commissioners have worked diligently to record current storage levels of reservoirs which have post-1950 water rights. Going forward, those reservoirs can continue to accrue storage with the understanding that post-1950 storage gained after April 1 must remain in storage until either the water is released to satisfy the Montana call or Montana lifts the call because Tongue River Reservoir will fill. Reservoirs that have unfulfilled pre-1950 water rights can also continue to store water, and that storage will not be subject to regulation due to Montana’s call. However, that storage could be subject to regulation to satisfy senior Wyoming water rights. 

The priority administration will be carried out pursuant to state law by the hydrographer/water commissioners assigned to various portions of the Tongue River basin, working under direction of Mr. David Schroeder, Division II Superintendent. 

A public meeting will be held on Tuesday April 26th from 4:30 to 6:30 located in the Inner Circle room at Sheridan County Public Library. 

The Wyoming State Engineer’s Office can be contacted at: 

Brandon Gebhart, State Engineer, 307-777-6150, brandon.gebhart1@wyo.gov 

David Schroeder, Division II Superintendent, 307-674-7012, d.schroeder@wyo.gov 

Michelle Gess, Yellowstone River Coordinator, 307-777-7641, michelle.gess@wyo.gov 

Issue Date: April 7, 2022 

Contact: Michelle Gess, North Platte River Coordinator, 307-777-7641 

Wyoming State Engineer Brandon Gebhart announced today that, in accordance with Wyoming water law, priority administration is in effect on water rights diverting from the North Platte River and its tributaries upstream of and junior to Pathfinder Reservoir, priority of December 6, 1904; and between Pathfinder Dam and Guernsey Reservoir, priority of December 6, 1904, until such time as the administration is lifted, but no later than May 1, 2022. 

The North Platte River system has experienced multiple years of drought resulting in low reservoir storage carryover. Mr. Gebhart indicated the combination of previously below average snowpack conditions and low carryover storage in the U.S. Bureau of Reclamation reservoir system requires the administration of water rights junior to Pathfinder Reservoir. Based on the existing water supply, snowpack and forecasted runoff, it is anticipated that water supplies will be below average in 2022. 

The April storage and runoff forecasts for the coming season total 958,376 acre-feet and 946,066 acre-feet for the two river reaches subject to administration, well below the 1,100,000 acre-foot “trigger” value which represents a full North Platte Project ownership supply. Priority administration is required by Wyoming water law and is initiated by the request for regulation as provided by the Modified North Platte Decree to protect senior Wyoming water rights held by the U. S. Bureau of Reclamation for storage in its reservoirs. 

The immediate effects of the priority administration would mainly affect those junior priority water rights held by some municipalities and industries and storage reservoirs that may divert or store water. Letters have been sent to the municipalities and industries that may be affected by these administration activities. The letters inform the entities to review their water rights portfolio and determine if the water demand of their community will exceed their reliable water supply for the upcoming year. Alternatively, water may be obtained through temporary agreements or contracts from available storage, temporary change of use agreement, transfer or exchange agreement, or other supplies available under Wyoming law and approved by the Wyoming State Engineer’s Office. 

Since the initiation of the Modified North Platte Decree in 2001, and later the implementation of the Platte River Recovery Implementation Program (PRRIP), many of the municipalities located within the North Platte River basin have secured replacement water for their municipality in the event their existing rights cannot meet the water demand of the community. 

The priority administration actions for the affected water users will be carried out pursuant to state law by water commissioners assigned to various portions of the North Platte River basin. These State Engineer’s Office personnel will be in direct contact with the affected water appropriators and will also be available to assist water users with their questions. Even though regulation is only now formalized, some groups have been able to be forewarned of the upcoming administration. Follow up correspondence with affected users will happen as rapidly as possible. 

The State Engineer’s Office will continue to closely monitor the water supply conditions and will make adjustments to the administration actions warranted to reflect the changing situation. 

The Wyoming State Engineer’s Office can be contacted at: 

Brandon Gebhart, State Engineer, 307-777-6150 

Michelle Gess, North Platte River Coordinator, 307-777-7641, Michelle.Gess@wyo.gov

Notice November 10, 2021

The Colorado River Working Group will have a Work Day that is open to the public.  Objectives identified by participating members as priorities to their related stakeholder groups are guiding the agenda that will be released at a future date. We ask public listeners to RSVP  to the email below because lunch will be provided. Please note the in-clement weather date. Please check for updates in the event of inclement weather.  

If there are priorities as a water user and member of the public you would like to see addressed please visit the Colorado River Working Group webpage. On the webpage you will find the Water Cooler designed to anonymously offer public and user opinion, concerns, questions, resources, etc…. This webpage also has links to many valuable resources designed to offer fact based publications to answer important questions.

The details of the meeting are as follows:

Public Welcome

December 8, 2021 

December 9, 2021 (weather date) 

Time 10 am –2 pm 

Eden Valley Community Center, Farson, WY. 4039 US-191, Farson, WY 82932 

Colorado River Working Group  

Interstate Streams River Basin Coordinator For Questions & to RSVP Contact:  Melinda Fegler  

mel.fegler@wyo.gov 

(307) 777-7803

Steve Wolff has been awarded the 2021 Upper Missouri Water Association Distinguished Service Award for the state of Wyoming. The award is presented annually to a person or group from each of the four states within the association: North Dakota, South Dakota, Montana and Wyoming. Award winners are recognized for their distinguished service in the field of water resource development and a quality environment.

Steve Wolff worked for the Wyoming State Engineer’s Office for 16 years, six of those as Interstate Streams Administrator. As administrator, Wolff and a staff of three employees oversaw seven interstate compacts and three court decrees. He also chaired the Upper Colorado River Commission’s Engineering Committee and the Upper Colorado River Endangered Fish Recovery Program’s Management Committee and served on numerous other committees. Wolff’s involvement in water earned him the title “Face of Wyoming Water”. His diplomatic manner and executive leadership within his team was appreciated and admired by all in the agency. Wolff was a wonderful example of learning and being well-versed in Wyoming water law and how it affects the larger picture of the state. He seemed to never be discouraged by tough meetings or heated debates and was always willing to expand his knowledge to help represent the state’s needs. The Upper Missouri Water Association is proud to recognize him for his outstanding service to the state of Wyoming.

The Upper Missouri Water Association is a nonprofit regional water organization including the states of Montana, North Dakota, South Dakota, and Wyoming. The mission of the Upper Missouri Water Association (UMWA) is to protect, develop and manage Upper Missouri water.

Press Release Upper Missouri Water Association 

Consistent with the Drought Response Operations Agreement signed in 2019, the drought contingency operations involve increased releases from select federal reservoirs- Flaming Gorge, Blue Mesa and Navajo- to occur between July and December 2021.  Further details are available in Reclamation's July 16 press release.    

https://www.usbr.gov/newsroom/#/news-release/3917

Both the State Engineer, Greg Lanning, and Wyoming Governor's Representative on the Upper Colorado River Commission, Pat Tyrrell, have been keeping the Governor's office, Wyoming's Legislature, and stakeholders informed of the situation. Governor Gordon's office issued a press release on July 16, 2021 responding to the situation.

https://content.govdelivery.com/accounts/WYGOV/bulletins/2e86b89

As the severe drought continues in the Colorado River Basin, the State of Wyoming will continue working closely with its own water users and stakeholders as well as the other Colorado River Basin States, the Bureau of Reclamation, and the Department of Interior.

With very dry conditions in some parts of Wyoming, I am authorizing emergency measure regarding changes in points of use for stock water only, extending through the calendar year 2021 only. This applies to surface water and groundwater sources.

I will not require a formal permit or temporary water use agreement for appropriators to use stock water at points of use that are different than currently permitted. However, the following requirements must be met:

The source must be a valid permit or adjudicated right with stock as a permitted use;

The use must be in priority in the source(s) of supply (no injury), and, if the source is a surface stream, it must be declared to be in an “instream stock use only” condition. I am delegating authority to each Division Superintendent to require that water be provided to meet reasonable demands for instream stock use for streams within their respective Divisions, even if no changes in points of use for stock water haven been requested;

The change must be requested in writing to the Superintendent (you may make forms to keep these requests consistent); and

Permitted rates of diversion shall not be exceeded.

In short, the Superintendents may now authorize such changes in points of use with written documentation. If a request does not satisfy the above requirements, these simplified procedures cannot be used.

PDF version of Emergency Stock Water 2021 

The State Engineer's Office is now testing enhanced software that will allow the general public to search and download water usage data by the groundwater permit number. The software is currently available on a limited basis to gage the usability of the program.

Please feel free to explore the tool here: Water Use Data.

Most questions about the program can be answered by reviewing the Instructions for Water Use Database Queries on how to use this tool.

Please direct additional questions and feedback to seo-water-reporting@wyo.gov or Markus Malessa at (307) 777-6166.

State Engineer Greg Lanning will solicit comments on the 2015 Laramie County Control Area (LCCA) Order at a public hearing to be held March 4, 2020 in Room 108 of the Clay Pathfinder Building on the Laramie County Community College Campus from 1:00 P.M. to 4:00 P.M.

Responding to mounting concerns over increasing development and use of groundwater resources in the LCCA, former State Engineer Patrick Tyrrell issued an order on April 1, 2015 guiding groundwater development within the LCCA.

The 2015 Order identified four distinct areas within the LCCA characterized by varying hydrogeologic conditions and levels of development; the “Drawdown Area,” the “Conservation Area,” the “Unaffected Area,” and “Underlying Units.” In all but the “Unaffected Area,” which is largely north of Horse Creek, the order set forth well spacing requirements for all new wells.

The Order also requires meters for all wells except for stock and domestic uses, and metered amounts must be reported to the State Engineer’s Office annually. Meters had to be installed prior to use in Water Year 2017.

The State Engineer’s Office has been reviewing the effects of the Order since November 2019.

State Engineer Greg Lanning will solicit comments on the 2015 Order at the public hearing and for 30 days after the hearing. After receiving comments, the State Engineer will then determine whether or not the terms of the 2015 Order shall continue to apply or whether a new order should be issued. If no new order is issued by April 1, 2020, the terms of the 2015 Order will continue in force, for consecutive three year periods until a new order is issued.

The 2015 Order will remain effective until rescinded, superseded, or modified by another order of the State Engineer, or replaced by an appropriator agreement as envisioned in Wyoming Statute § 41-3-915(c) and approved by the State Engineer. 

Hearing Presentation 

Written Comments Received 

Summary of Comments 

In November, the Wyoming State Engineer’s Office, with the assistance of the University of Wyoming Extension, will be kicking off a public stakeholder process in the Green and Little Snake River Basins to investigate the feasibility of an Upper Basin Demand Management (DM) Program in Wyoming. The DM Program is one element of the Drought Contingency Plans (DCP) that were approved this past spring by the seven Colorado River Basin States and the Department of Interior.

The Colorado River Basin has been experiencing persistently dry hydrology since the turn of the 21st Century. Given these conditions, the Upper Division States of Colorado, New Mexico, Utah and Wyoming have coordinated with the Department of the Interior and stakeholders throughout the Basin to evaluate proactive options for protecting critical elevations at Lake Powell. Lake Powell is the Upper Basin’s primary storage facility to help assure continued compliance with the Colorado River and Upper Colorado River Basin Compacts, and the reservoir assists the continued use and development of Colorado River water by the Upper Division States.

The purpose of an Upper Basin DM program would be to support the voluntary, compensated, and temporary reduction of consumptive uses in the Upper Basin or augment supplies with imported water, if needed in times of drought, to help assure continued compliance with the 1922 Compact and without impairing existing water rights. Like mandatory curtailment, any DM program would be a state-based effort implemented under state law.

Within Wyoming, the water users of the basins involved must consider whether they want to see the state work to implement a DM program, and if they do, what that program should look like. In addition, no DM program can be created and implemented unless and until the four Upper Division States and the Upper Colorado River Commission determine it to be feasible and consistent with the terms of the DCP. If, after study, the States collectively agreed that a DM program is feasible, they may then develop and implement a program. A DM program may only be implemented if approved independently by each State’s Commissioner to the Upper Colorado River Commission and the Commission as a whole.

Dates and locations for upcoming public meetings to be held from 6-8 pm are as follows:

• Monday Nov. 4: Pinedale, Rendezvous Pointe Senior Center

• Tuesday Nov. 5: Green River, Sweetwater County Library

• Wednesday Nov. 6: Baggs, Little Snake River Conservation District Office

• Thursday Nov. 7: Cheyenne, Cheyenne Botanic Gardens, South Gathering Room

All information related to DM can be found at: http://www.uwyo.edu/uwe/wy-dm-ucrb/. For additional information, please feel free to contact:

Steve Wolff

Wyoming State Engineer’s Office

(307) 777-1942

steve.wolff@wyo.gov 

Download of DM Press Release 

The seven Colorado River Basin States (including Wyoming), the Department of the Interior and water entitlement holders in the Lower Basin have been working diligently on a set of draft Drought Contingency Plan (DCP) agreements to respond to ongoing historic drought conditions and to reduce the likelihood of Colorado River reservoirs – particularly Lake Powell and Lake Mead – further declining to critical elevations.  Negotiations on the DCP agreements are nearing completion. The DCP agreements include an Upper Colorado River Basin DCP and a Lower Colorado River Basin DCP.  

The Upper Basin DCP is designed to: a) protect critical elevations at Lake Powell and help assure continued compliance with the 1922 Colorado River Compact, and b) authorize storage of water conserved in the Upper Basin that could help establish the foundation for a Demand Management Program that may be developed in the future.

The Lower Basin DCP is designed to: a) require Arizona, California and Nevada to contribute additional water to Lake Mead storage at predetermined elevations and, b) create new flexibility to incentivize additional voluntary conservation of water to be stored in Lake Mead. 

The Basin States seek to finalize the Upper and Lower Basin DCPs prior to the end of 2018 through the key DCP agreements identified below and federal legislation. 

Pat Tyrrell, Wyoming State Engineer, recently held several public meetings across the Green River Basin, as well as a publicly available webinar to inform the public about the current DCP efforts.  For those that were not able to participate in these events, but are still interested in the topic, there are two options linked below.  First, the presentation used during the public meetings is available to download at the link below.  In addition, a link to a recording of the webinar presentation is also available below.

Colorado River DCP Webinar 

Webinar Slides 

The documents that make up the DCP efforts can be downloaded at the links below.

Companion Agreement 

Upper Basin Draught Response Operations Agreement 

Upper basin Demand Management Storage Agreement 

Lower Basin DCP Agreement 

Lower Basin Drought Contingency Operations 

The seven Colorado River Basin States (including Wyoming), the Department of the Interior and water entitlement holders in the Lower Basin have been working diligently on a set of draft Drought Contingency Plan (DCP) agreements to respond to ongoing historic drought conditions and to reduce the likelihood of Colorado River reservoirs – particularly Lake Powell and Lake Mead – further declining to critical elevations. Negotiations on the DCP agreements are nearing completion. The DCP agreements include an Upper Colorado River Basin DCP and a Lower Colorado River Basin DCP.

The Upper Basin DCP is designed to: a) protect critical elevations at Lake Powell and help assure continued compliance with the 1922 Colorado River Compact, and b) authorize storage of water conserved in the Upper Basin that could help establish the foundation for a Demand Management Program that may be developed in the future.

The Lower Basin DCP is designed to: a) require Arizona, California and Nevada to contribute additional water to Lake Mead storage at predetermined elevations and, b) create new flexibility to incentivize additional voluntary conservation of water to be stored in Lake Mead.

The Basin States seek to finalize the Upper and Lower Basin DCPs prior to the end of 2018 through the key DCP agreements identified below and federal legislation.

Companion Agreement 

Upper Basin Draught Response Operations Agreement 

Upper basin Demand Management Storage Agreement 

Lower Basin DCP Agreement 

Lower Basin Drought Contingency Operations 

The draft DCP agreements described above are available for download at the links below or from the State Engineer’s website

We would like to remind everyone that the State Engineer’s Office will be holding a series of public meetings on this topic during the week of October 8, 2018. Additional information can also be found on the State Engineer’s website at seo.wyo.gov. For those that can’t attend the public meetings, we will also be doing the same presentation via webinar on Monday, October 15 @ 3:00 pm. To participate, please use the following link and call-in information.

Download Press Release 

State Engineer Pat Tyrrell will be discussing drought contingency planning efforts in the Colorado River Basin at three upcoming public meetings. The Colorado River is now experiencing its 19 th year of drought. Since 2013, officials in the seven Colorado River Basin states, the Department of Interior and the Republic of Mexico have been working on drought contingency plans. Plans in the Lower Basin states of Arizona, California and Nevada have been developed separately, but parallel to, plans developed in the Upper Basin states of Colorado, New Mexico, Utah and Wyoming. Plans in both basins are now nearing completion.

The State Engineer will discuss the need for these plans, describe the contemplated plans, and answer questions at the three public meetings listed below.

Tuesday, October 9, 2018 – Baggs, Wyoming

Valley Community Center, 255 W. Osborne St., Baggs, WY

Conference Room

Time: 6:00 - 8:00 PM

Wednesday, October 10, 2018 – Rock Springs, Wyoming

Western Wyoming Community College, 2500 College Dr., Rock Springs, WY

Lecture Hall #1005

Time: 6:00 - 8:00 PM

Thursday, October 11 – Pinedale, Wyoming

Sublette County Library, 155 S. Tyler Ave., Pinedale, WY

Lovatt Room

Time: 6:00 - 8:00 PM

For additional information, please feel free to contact Steve Wolff at (307) 777-1942 or steve.wolff@wyo.gov.

Many permit applications request the beneficial use of Wyoming’s groundwater for miscellaneous uses that are considered by the State Engineer to be temporary in nature.  Upon approval, the permits are valid for a specified period of time and are termed “temporary” or “time-limited” permits.  These permits have an automatic cancellation date which is specified in the Additional Conditions and Limitations attached to the permit.  If an extension of time is not requested (and approved by the State Engineer) prior to the cancellation date, the permit is cancelled.   

Examples of temporary or time-limited uses authorized by permits include water supply wells for the oil and gas industry, mine dewatering, highway construction, gravel pits, and water hauling.

Adjudication of temporary or time-limited permits is not required. 

As the appropriator, it is your responsibility to know and understand the content of the conditions and limitations attached to your permit. 

If you have a temporary or time-limited permit and have questions regarding potentially extending the automatic cancellation date, please call the Ground Water Division at (307) 777-6163 before the cancellation date.  

At  their May 2018 meeting, the Board of Control adopted a policy extending the cutoff  date for new petitions from 30 days prior to the start of the meeting to 45 days prior.  This policy goes into effect for the November 2018 Board meeting.  The petition cut-off dates for the remainder of 2018 are as follows:

August 2018 Meeting - July 20, 2018

November 2018 Meeting - September 21, 2018

Download of Memo 

Since the early 1980s the State Engineer’s Office has required that stock watering wells applied for with a 25 gallons per minute (gpm) or less production rate be classified as a “miscellaneous -stockwatering pipeline” permit, which included a Beneficial Use (BU) Map upon adjudication, if the following conditions were met:

1. The application showed more than four (4) stock tanks, and/or

2. The application contemplated more than one mile of stock pipeline

By statute, such a “miscellaneous” use permit would then need to become adjudicated.  Frequently, appropriators complained about the cost of the BU map for adjudication, which required hiring a licensed surveyor or engineer.  If the typical 25 gpm stock well permit had less than 4 tanks, and less than a mile of distribution pipeline, neither adjudication nor a BU Map was required, and no certified survey was needed.

After significant review, the State Engineer has rescinded the previous policy and practice that required additional information, and higher cost, noting that a BU Map and adjudication will no longer be required for any single stock well proposing to use 25 gpm or less, regardless of the number of tanks or miles of conveyance (often by pipeline).  However, as a permit condition for those applications meeting the previous policy’s description of miscellaneous use, appropriators will still be required to provide the locations of their well and all points of use, but this information can be obtained using a hand-held Global Positioning System (GPS) device.  The primary requirement is that the well produce no more than 25 gpm at all times, a value the appropriator may be asked to verify during a field inspection. 

Similarly, the State Engineer has rescinded the previous policy and practice which limited domestic use filings to no more than one well per three single family dwellings. Once again, in addition to compliance with the Regulations and Instructions of the SEO relating to groundwater, the primary requirement is that flow from a single well produce no more than 25 gpm at all times or a miscellaneous filing will be required. Further, applications which propose to supply more than three single family dwellings with one well will be subject to the same permit condition described above for stock use.

Press Release 

Memorandom 

The Upper Colorado River Commission (UCRC) has issued another Request for Proposals (RFP) for the Pilot System Water Conservation Program for the Upper Colorado River Basin.  This RFP is for consideration of projects to be implemented in 2018.  Facing declining levels in Lakes Powell and Mead, the U.S. Bureau of Reclamation, and major water providers that depend on the Colorado River Basin supplies have made available money for use in the Upper Colorado River Basin to fund the Pilot System Water Conservation Program.  This program is designed to develop and test tools that could potentially be used as part of a drought contingency plan to help protect storage within the Colorado River basin.  This is the fourth round of proposals that the UCRC, funding partners and Wyoming State Engineer’s Office will consider.  All users of Colorado River water (Green and Little Snake River basins) are encouraged to consider developing a pilot project for consideration under this RFP.

For questions, please contact Charlie Ferrantelli (charlie.ferrantelli@wyo.gov; 307-777-6151) or Steve Wolff (steve.wolff@wyo.gov; 307-777-1942).

There will be an informational meeting on November 21st at 10 a.m. at the Pinedale Library  

Wyoming's Press Release 

Upper Colorado River Commission RFP 

Application 

State Engineer and Bear River Commission Announce Public Meeting Schedule for Upcoming Bear River Compact 20-Year Review. 

Press Release 

A special meeting has been set for the Wyoming State Board of Control, to commence on September 15, 2017, at 1:30 p.m., at the State Engineer’s Conference Room, 122 West 25th Street, Herschler Bldg. 1 West, Cheyenne, Wyoming. The agenda for this meeting is for the purpose of adopting Rules for Chapter 1, Fee Schedule, for the Wyoming State Engineer’s Office and Wyoming State Board of Control as a result of legislative changes in 2017.

If you have any questions, please contact Cheryl Timm, Wyoming State Board of Control, 1W, Herschler Building, Cheyenne, Wyoming 82002. 307-777-6899. cheryl.timm@wyo.gov.

Notice PDF 

The Wyoming State Engineer’s Office and the State Board of Control intend to promulgate rules to amend Chapter 1, “Fees”, of the State Engineer’s Office’s rules. In 2017, the Wyoming Legislature amended multiple statutes which shifted the responsibility for payment of water right adjudication advertisement fees from the County where the water right is located to the appropriator who holds the water right. Both the Statement of Principal Reasons and the proposed rules can be viewed and/or downloaded from the State Engineer’s Office website at http://seo.state.wy.us/, or the Secretary of State Website at https://rules.wyo.gov/. A copy of the proposed rules may also be obtained at the offices of the Wyoming State Board of Control, 122 West 25th Street, Herschler Building 1W, Cheyenne, WY 82002. If you have questions regarding the proposed rule changes, or to request a hard copy of any of the materials, please contact Nancy McCann at 307-777-5958.

The proposed rules will be open for public inspection and comment for at least 45 days, commencing on June 21, 2017, and ending on September 12, 2017. Any person may present their written comments on the proposed rules by emailing to seo.rules@wyo.gov. Any person may also send written comments on the proposed rules to the attention of Nancy McCann, Wyoming State Engineer’s Office, 122 West 25th Street, Herschler Building 1W, Cheyenne, Wyoming 82002. Written comments must be filed no later than September 12, 2017

Notice of Intent 

Proposed Rule Change Packet 

The Wyoming State Board of Control adopted Emergency Rules for Chapter 1, “Fees”, of the General Agency, Board or Commission Rules. The Emergency rules were implemented on July 13, 2017 and are in effect until November 10, 2017. The Board of Control will begin the regular rule making process to make the rule permanent. This Emergency rules process became necessary after legislative changes that amended multiple statutes became effective on July 1, 2017. The 2017 Wyo. Sess. Laws 241 (Ch. 99) shifted the responsibility for payment of water right adjudication advertisement fees from the County where the water right is located to the appropriator who holds the water right. The Emergency rules were adopted and implemented to reflect those statutory changes to allow for the collection of the appropriate fee from appropriators and to proceed with water right adjudications. “These emergency and, ultimately, permanent rules are required due to the passage of HB 47,” State Engineer Pat Tyrrell said. “Without them, we’d be non-compliant with the revised statutes and unable to accept advertising fees from the proper source.”

The adjudication cost of the Proof Fees for Surface Water Proofs and Ground Water proofs is now $70.00 for each proof. The proof fee covers the cost of recording the certificate in the county clerk's office and also pays for the cost of advertising.

Contact: Wyoming State Engineer’s Office

Herschler Bldg. 1W

Cheyenne, WY 82002

307-777-6150

Fee Schedule 

As of July 10, 2017, 4,100 acre-feet (AF) of Bear River Original Compact Storage (OCS) is available for allocation to Wyoming water users in the Bear River Basin. Facilities that receive a storage permit from the Wyoming State Engineer’s Office indicating they have been awarded OCS under the terms of the 1958 Compact are exempt from storage restrictions when the elevation of Bear Lake (located in Utah – Idaho) drops below a surface elevation of 5,911 feet. Appropriators who receive a storage right other than OCS may be regulated off when Bear Lake drops below elevation 5,911 feet.

At this time, it is the intent of the Wyoming State Engineer to allocate up to 1,100 AF of the remaining OCS water to small water users/projects (less than 100 AF) in the basin. The remaining 3,000 AF of OCS will be reserved for larger projects.

Criteria and documentation requirements for eligible water appropriators are outlined in the following policy memorandum. The deadline to submit requests for OCS allocation is September 30, 2017.

Bear River Original Storage Allocation Policy Memo (July 10, 2017)

A special meeting has been set for the Wyoming State Board of Control, to commence on July 5, 2017, at 8:30 a.m., at the State Engineer’s Conference Room, 122 West 25th Street, Herschler Bldg. 1 West, Cheyenne, Wyoming. The agenda for this meeting is for the purpose of adopting Emergency Rules for Chapter 1, Fee Schedule, for the Wyoming State Engineer’s Office and Wyoming State Board of Control as a result of legislative changes in 2017.

If you have any questions, please contact Cheryl Timm, Wyoming State Board of Control, 1W, Herschler Building, Cheyenne, Wyoming 82002. 307-777-6899. cheryl.timm@wyo.gov.

Following data collection and review, a public hearing, and receipt of public comment, State Engineer Pat Tyrrell issued an order today that will modify groundwater use limitations for the next three years in the LaGrange area.  The First Amended Order modifies the terms of an Order issued on July 19, 2013, in accordance with the terms of that previous Order.

More specifically, the order was issued for the LaGrange Aquifer and surface water diversions from Horse Creek at and below the Brown and LaGrange diversion in southern Goshen County, Wyoming. In crafting the First Amended Order, Tyrrell took into account groundwater and surface water use information gained in the first three years of operating under the original Order, as well as comments received from area water users, as expressed at a public hearing in LaGrange on February 15, 2017 and the 30-day comment period that followed. 

Notably, according to Tyrrell, groundwater production in the first three years under the original Order was significantly below the amount believed to be sustainable under the current level of knowledge.  Partly, this was due to favorable hydrology, and to modifications some operators made to their operations.  In the last three years there have been no calls for surface water regulation, and Hawk Springs Reservoir has filled every year. “Only about 48 percent of the allotted groundwater was pumped in the first three years.  So, we’ve underutilized the LaGrange Aquifer in some ways,” said Tyrrell.  “Those who would benefit from a larger cap should be able to do so, and we can do that, I believe, without jeopardizing the resource in the meantime.” 

In the order, Tyrrell continues the original Order’s closure of the area to further permitting of large capacity wells, and continued the requirement of the adjudication of currently unadjudicated groundwater permits prior to use.  However, the First Amended Order increases the allowable groundwater used for irrigation from the LaGrange Aquifer from 12 inches per year (36 inches for the 3-year period) in the original Order to a total of 45 inches for the next three water years (starting in water year 2017), with no more than 20 inches produced in any one year.  All groundwater wells permitted for over 25 gallons per minute will also be required to continue to have flow meters installed, and to report their use annually.  While so limited, groundwater use will not be vulnerable to calls for regulation from surface water rights. 

Surface water diversions, and reservoirs, will still be required to have acceptable control and measurement capabilities.  Similarly, those diversions seeking to divert water during the winter will be required to have acceptable control and measurement capabilities prior to diverting in the winter, and any such diversions will be required to be spread across the appropriate permitted (or adjudicated) acres up to the soil holding capacity only. 

The First Amended Order is in effect for a period of three years, (water years 2017-2019) after which these conjunctive management measures will be reassessed again. The current order continues to focus largely on water use data acquisition.  At that time, the current Order will either remain in effect or terminated, a new Order will be issued, or the Order will be replaced by an agreement among the affected appropriators.

First Amended order of the State Engineer Horse Creek Basin (May 31, 2017)

Open Letter - Horse creek Order  (Signed May 31, 2017)

Horse Creek Clarification  (April 24, 2017)

Horse creek Groundwater/Surface Water connection Investigation, Goshen and Laramie Counties, Wyoming 2011 

2014 Hydrographer Report 

2015 Hydrographer Report 

2016 Hydrographer Report For District 2 Only 

Horse Creek Public Hearing Presentation 

Letter to LaGrange Area Water Users 

You may be required to submit water use or water level data as a condition of your groundwater permit, or as a condition of a State Engineer’s Order.  The State Engineer’s Office - Ground Water Division is pleased to announce the ability to submit  Water Use and/or Water Level Reports electronically through the Online Reporting Web Application.

The first time you use the tool, you will need to register.  To register, you will need a valid email address and will need to complete this FORM.   Once the completed FORM is submitted, our office will email a link to the Online Reporting Web Application to you.

If you are unable to report electronically, you can complete the paper forms (provided below) and submit them to:  

Wyoming State Engineer’s Office - Ground Water Division

122 West 25th St.

Herschler Building 1 West

Cheyenne, WY  82002

seo-water-reporting@wyo.gov

Please note, water use and/or water level data must be reported on a separate form for each Permit or Well. 

The Online Reporting Web Application is currently offered as a TEST PROGRAM.  As such, users may encounter unexpected errors. Please report any problems, or suggestions to make the Online Reporting Web Application more user friendly to:  Markus Malessa, Ground Water Division, at 307-777-6166, or at seo-water-reporting@wyo.gov.

Water Reporting Forms: 

Monthly Water Use Report  (including Temporary Use Permits)

Annual Water Use Report  (Laramie County Order, Water Year and Calendar Year)

Water Level Report 

• Guidance: Water Meter Selection Specifications and Water Production Reporting 

When the Wyoming Water Development Commission and members of the Select Water Committee of the Wyoming Legislature raised questions related to our rights and abilities regarding the Colorado River in late 2015, it was fitting that this office step up and offer to create a document to address the issue of Wyoming’s role in the management of the Colorado River. That document can be found at the link below. It is my sincere hope that having this Law of the River summary, and its Wyoming effects, distilled down to essential components and hopefully written for a wide audience, will be helpful as these and other groups and individuals forge Wyoming’s future in the basin.

The intent of this Report is to inform its readers about the current issues on the river, Wyoming’s uses of the river, and to describe the varied laws, compacts, decrees, operating plans, and other instruments that have come to be as uses of the Colorado River Basin have matured and evolved since the early 1900s. It also discusses the effects of those instruments in and on Wyoming. What is our role as a Colorado River Basin State? What benefits do we get from the compacts on the river, and are we also constrained by them? Should we care about uses of water in Mexico? Should we care about the salinity of the water diverted at the All-American Canal in California? Might endangered fish in Utah affect water use in Wyoming?

Our hope is to delve into these important questions, and more, in a way that educates water managers, appropriators, our citizenry and governmental officials across the state. The Colorado is a complex river basin, often misunderstood and the subject of many an urban myth. In the coming pages, we hope you’ll learn more about this marvelous resource and Wyoming’s place at the table.

Wyoming and the Colorado River: A Report (2016) 

Information provided on completed U.W. 6 Forms, or "Statement of Completion and Description of Well or Spring" forms, allows the State Engineer's Office (SEO) to collect and maintain accurate details regarding the construction of water wells.  

In support of the Licensing Board's efforts to require licensed water well drilling contractors to submit the forms to the SEO, the State Engineer requested and received the advice and consent of the Board of Control to require such reports on November 18, 2015.  

Effective September 9, 2016, licensed water well drilling contractors are required to submit completed U.W. 6 Forms to the SEO within 90 days of well completion.  Wyoming Statute defines completion of a water well as "...when it is possible to install a pump and pump water.  In the case of an artesian well, completion is the time when the drill rig is moved off of the drilling site. 

Water Well Drillers Memo 

On April 19, 2016, the State of Montana made a call under the Yellowstone River Compact to fill Tongue River Reservoir. That call applied to Wyoming water rights with a priority date later than January 1, 1950. Since Montana made its call, the Wyoming State Engineer’s Office has communicated with Tongue River Basin water users, monitored water use in Wyoming, and curtailed water use by post-1950 water rights. On May 2, 2016, Montana cancelled its call. Accordingly, any water user in Wyoming’s Tongue River Basin may use water in accordance with the user’s water right until or unless otherwise regulated or notified by a Wyoming Water Hydrographer/Commissioner.

State Engineer Pat Tyrrell said that unlike last year when Montana cancelled the call after Tongue River Reservoir filled, Montana officials this year determined, under current snowpack and runoff conditions, that the reservoir will fill without continuing the call for regulation. “In that regard, I very much appreciate Montana’s proactive decision and their informing us so that Wyoming appropriators with post-compact rights wouldn’t be further curtailed under an interstate regulatory event. We are glad it appears Tongue River Reservoir will fill, which is beneficial to water users in both states.”

Press Release PDF 

Governor Matt Mead has appointed David Schroeder as the new Water Division II Water Superintendent in Sheridan.  Schroeder, who worked for the State Engineer’s Office Water Division II from 2005 to 2014, replaces Carmine Loguidice, who retired March 8th with over 28 years service.  Schroeder will start April 11, 2016.

The Division II Superintendent is based in Sheridan, WY and oversees water administration in the Tongue River, the Belle Fourche, the Powder River, Cheyenne River and all tributaries within those drainages.

“Water Division II has unique challenges, for example operations under the Yellowstone River Compact following the litigation with Montana.  I look forward to David’s contributions in this matter and others,” Governor Mead said.

The Superintendent supervises water commissioners’ administration and regulation of waters and is a member of the constitutionally created State Board of Control, which is responsible for adjudicating and modifying Wyoming water rights.

State Engineer Patrick Tyrrell congratulated Schroeder on his appointment. “David played an important role in the highly visible MT v. WY lawsuit.  That experience I’m sure helped prepare him for what will be a very important role moving forward in Division II,” Tyrrell stated.  “He is well qualified and I welcome his contributions to Water Division II.”  Tyrrell asks that constituents in Water Division II who have water-related questions for this office contact Mr. Schroeder or his staff at the Sheridan office at 307-674-7012

Press Release PDF 

Governor Matt Mead has selected three Wyoming citizens to serve in positions that support Wyoming’s participation in the management of the Colorado River.  The three are being named, in part, to fill positions that were previously held by Dan Budd, who passed away in September.

Mr. Randy Bolgiano and Mr. Keith Burron have been named as Alternate Wyoming Commissioners to the Upper Colorado River Commission (UCRC).  Where previously Wyoming had two Alternate Commissioners, there now will be three due to the rising importance to Wyoming of water supply and use issues in this basin.  The UCRC is an interstate, administrative agency established by the Upper Colorado River Basin Compact of 1948 (Upper Basin Compact).  UCRC members consist of a Commissioner representing each of the four Upper Division States of Colorado, New Mexico, Utah and Wyoming (Upper Division States) and a Commissioner appointed by the President of the United States who serves as the Chair of the Commission.  The Commission assists the Upper Division States in developing their apportionments of Colorado River water pursuant to the Colorado River Compact of 1922 and the Upper Basin Compact, and has specific responsibilities to assist in implementing the Upper Basin Compact consistent with laws of the Upper Division States.  Benjamin Bracken of Green River continues to serve in the third Alternate Commissioner position.

Mr. Bolgiano is a rancher from Boulder, Wyoming and has been active in the Green River Basin on water and other natural resource activities for more than two decades.  Mr. Burron is an attorney for Crowley Fleck in Cheyenne focusing predominantly on water rights, natural resources, public lands, water quality, oil and gas, and regulatory matters. Mr. Burron has been an active member of the Colorado River Water Users’ Association for almost 20 years years. The two will serve on the Commission along with Wyoming’s Commissioner, State Engineer Patrick Tyrrell, and Ben Bracken of Green River, also an Alternate Commissioner.

Governor Mead has also named Mr. Chad Espenscheid of Big Piney to serve as one of three Wyoming representatives on the Colorado River Basin Salinity Control Forum (Forum).  Mr. Espenscheid is a rancher and small business owner.  Created in 1973, the Forum is an organization of the seven Colorado River Basin states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming.  The purposes of the Forum are to coordinate salinity control efforts among the states, coordinate with federal agencies on the implementation of the Colorado River Basin Salinity Control Program, work with Congress on the authorization and funding of the Program, act to disseminate information on salinity control and otherwise promote efforts to reduce the salt loading to the Colorado River.

For questions, please contact Mr. Steve Wolff at 307-777-1942 or at steve.wolff@wyo.gov

Downloadable Press Release 

On April 10, 2015, the State of Montana made a call under the Yellowstone River Compact to fill Tongue River Reservoir. That call applied to Wyoming water rights with a priority date later than January 1, 1950. Since Montana made its call, the Wyoming State Engineer’s Office has communicated with Tongue River Basin water users, monitored water use in Wyoming, and curtailed water use by post-1950 water rights. On May 21, 2015, Montana cancelled its call. Accordingly, any water user in Wyoming’s Tongue River Basin may use water in accordance with the user’s water right until or unless otherwise regulated or notified by a Wyoming Water Hydrographer/Commissioner.  

Governor Matt Mead has appointed Kevin Payne as the new Division 4 Water Superintendent. Payne served as Assistant Superintendent of Water Division 4 and replaces Jade Henderson who retired February 18, 2015.  Payne has nearly 16 years of service with the State Engineer’s Office.  

“The Division Superintendent plays a vital role in water management. Kevin has served as the interim Superintendent since February – I believe Kevin will do a good job,” Governor Mead said.

The Division 4 Superintendent is based in Cokeville, WY and oversees water administration in the Snake River, the Bear River, the Green River and all tributaries within those drainages. 

The Superintendent supervises water commissioners’ administration and regulation of waters and is a member of the constitutionally created State Board of Control, which is responsible for adjudication of Wyoming water rights.

State Engineer Patrick Tyrrell congratulated Payne on his appointment. “Kevin’s service to the agency and our constituents has been outstanding and I look forward to working with him in his important new role,” Tyrrell stated.  “He is well qualified and I welcome his contributions to Water Division 4.”  Tyrrell asks that constituents in Water Division 4 who have water-related questions for this office contact Mr. Payne. You may continue to contact the Cokeville office at 307-279-3441.

Press Release Download 

CHEYENNE, Wyo. – The Wyoming State Engineer’s Office (SEO) will begin auditing compliance with the Order of the State Engineer - Laramie County Control Area, dated April 1, 2015, beginning October 1, 2016. 

Under terms of the Order, prior to use in water year 2017, which begins October 1, 2016, all irrigation, municipal, industrial, and miscellaneous use wells within the Laramie County Control Area completed in the High Plains Aquifer shall be fitted with functional and accurate flow meters properly sized for the flow rate of the well pump and approved by the Water Division I Superintendent.  All such meters must be kept in proper working order and maintained to the Superintendent’s satisfaction.  Wells without an approved and properly functioning flow meter shall not be pumped after September 30, 2016.  Detailed questions on flow meter requirements can be directed to Mr. Brian Pugsley, Water Division I Superintendent, at 307-532-2248, or to the Ground Water Division of the SEO at 307-777-6163.

Also under terms of the Order, no later than November 15 of each year appropriators must deliver monthly and annual reports on total groundwater production for the immediately prior water year for each metered well to the SEO Ground Water Division on forms provided by the SEO.  For example, total monthly and annual well production for any such well during water year 2017 (October 1, 2016 through September 30, 2017) shall be delivered to the SEO Ground Water Division by November 15, 2017.

Additionally, appropriators of all unadjudicated, non time-limited, irrigation, municipal, industrial, and miscellaneous use underground water appropriations (including enlargements) developed in the High Plains Aquifer within the Laramie County Control Area must adjudicate their appropriations by November 30, 2017.  Wells that are not adjudicated by this date will be tagged, locked, and foreclosed from use until adjudication is complete.  If you question whether your well is subject to any of the above requirements, you may contact the SEO at the numbers above.

Appropriators are reminded that failure to comply with the Order could result in prosecution under Wyoming Statute § 41-3-616 and, if found guilty, a fine not to exceed $1,250.00 for each day of noncompliance after notice, or result in cancellation or suspension of the water right after notice and opportunity to be heard under Wyoming Statute § 41-3-937.

Additional information and guidance can be found at http://seo.wyo.gov  Thank you. 

LCCA September Press Release Download 

Responding to mounting concerns over increasing development and use of groundwater resources in the Laramie County Control Area (LCCA), State Engineer Pat Tyrrell issued an order on April 1, 2015 that will guide groundwater development in that area for at least the next five years. 

State Engineer LCCA Order Download 

LCCA Press Release Download 

LCCA Map Download  (PDF)

LCCA Map Download  (JPG)

Open Letter from the State Engineer to LCCA Steering Committee 

LCCA Fact Sheet 

Final Report:  Hydrogeologic study of the Laramie County Control Area, March 2014  (Corrected and Stamped, July 2014)

Errata Fact Sheet 

Guidance: Water Meter Selection Specifications and Water Production Reporting  (Added January 8, 2016)

Required Meter Installation and Water Production Reporting  (Added November 1, 2016)

Required Adjudication, Meter installation, and Water Production Reporting  (Added November 1, 2016)

For those interested in live streaming of the Big Horn Symposium being held in Riverton on September 11th and 12th, 2014, please click the following links. 

YouTube Live Streaming - Thursday, September 11, 

2014YouTube Live Streaming - Friday, September 12, 2014 

On Friday, September 5, 2015 in Worland, District Court Judge Robert Skar signed the final documents related to the closing of the Big Horn General Adjudication lawsuit.  The three decrees signed include one on records retention, one closing the Phase III portion of the general adjudication, and the final overall Big Horn decree.  While appeals of various aspects of Friday’s actions may come forth, the final decree signals a close to some 37 years of litigation and adjudication efforts.

Phase I of the case dealt with the quantification of Tribal Awards on the Wind River Indian Reservation.  In total, those awards included approximately 290,000 acre-feet for presently or historically irrigated lands, and 209,000 acre-feet of “futures” awards for five identified but yet-to-be-constructed irrigation projects.  All Phase I awards were given a priority date of July 3, 1868, and comprise now the most senior rights in Division III.  With irrigated agriculture as the primary use for Tribal awards, the court also recognized subsumed uses including stock, domestic, municipal and commercial purposes.  Phase II of the case adjudicated other federal non-tribal rights, such as those used on national forests and BLM lands.  The Phase II reserved rights have priorities that range from dating back to the creation of the Shoshone and Big Horn National Forests to as recent as 1982-1983.  Phase III included adjudication of state water rights of various priorities that were unadjudicated as of 1984.  Included in Phase III was adjudication of over 4,600 surface water permits, including permit 7300 serving Midvale, Riverton Valley, and LeClair Irrigation Districts.  Permit 7300 is the single largest direct flow permit in the State of Wyoming.  In addition, Phase III also included numerous groundwater rights.

“The case took so long because of its sheer size,” noted State Engineer Pat Tyrrell.  “Between the three phases, the adjudication efforts needed for roughly a quarter of the state, and awaiting the outcome of seven Wyoming Supreme Court decisions, it simply couldn’t occur much quicker.  A similar general adjudication of the Snake River Basin in Idaho took about the same amount of time, and they are just finishing up too.”

Tyrrell also indicated that a number of positive things come from the process and the final decree.  “All state water rights in the Wind/Big Horn River system with priority dates of 1984 and earlier, if not adjudicated by that time, now are.  That’s a big deal.  This is the only water division in the state having gone through a full general adjudication, so its records have been largely cleaned up.  Likewise, the priority and quantity of all federal tribal and non-tribal rights are now known.  The uncertainty over what comprised these rights has been removed.”

Looking forward, the final decree means that adjudications formerly sent to the district court for interlocutory decisions will now revert to the more traditional Board of Control evaluation and adjudication.  Changes in existing rights and awards will also go before the Board.  In performing necessary administrative functions post-decree, the State Engineer’s Office will continue to manage water in cooperation with the office of the Tribal Water Engineer.  

Press Release Download 

As many folks are learning, the State Engineer’s Office has developed an online permitting system called e-Permit. Now in its seventh year, this system allows appropriators to research water rights, but also allows them to submit applications as well as Statement of Completion (S.C.) Forms (Form U.W.6). Furthermore, e-Permit also provides a mechanism for water well contractors to submit S.C. Forms. The S.C. Form reports information regarding well construction to the State Engineer’s Office which is critical for our understanding of groundwater appropriations within Wyoming.

In general, e-Permit contains fields which are analogous to the fields on our paper forms; however, e-Permit requires certain fields to be filled in before accepting an electronic form.  These fields were identified early in development of e-Permit and were chosen based on historic recognition of the minimum basic information necessary to describe Ground Water rights within Wyoming.

The Ground Water Division (Division) still accepts paper forms and they continue to outpace electronic forms.  Over the past several years, the Division has accepted paper forms which do not necessarily contain all information which an e-Permit submittal requires. Instead, the Division preferred to contact appropriators to obtain the missing data.  Unfortunately, this data collection effort consumes time which should be devoted to processing the forms, and the data collection effort has created a two-year backlog for S.C. Form review.  This is especially unfair to those appropriators submitting complete forms.  All groundwater appropriators deserve a timely response to submittals and a timely review of S.C. Forms.

Consequently, the Division will no longer be accepting paper S.C. Forms which do not contain the minimum information required by the e-Permit system.  If the Division receives S.C. Forms which are not complete, they will be returned to the sender with a letter explaining the required fields.  This will result in a more streamlined process.  The Division appreciates everyone’s patience and understanding as we implement a process to streamline S.C. Form review.

Coal bed methane wells are wells drilled into a coal seam to capture and produce gas. The process includes pumping water to the surface to release the gas. As gas production subsides the wells are either reclaimed, or in some cases can be converted for use as a water source. Although coal bed methane wells are scattered throughout the state, the majority of wells are in northeast Wyoming.

As agency directors in charge of managing the State of Wyoming’s non-federal mineral and water resources, the Wyoming Oil and Gas Conservation Commission Supervisor Grant Black, and the State Engineer Patrick Tyrrell have written a guidance letter to explain the details of the proper conversion of coal bed methane wells for domestic and stock use. 

Landowners may be approached by CBM well operators with an offer to transfer well to the landowner and at the same time allowing release of the WOGCC bond on the well(s) and possibly the operator of the responsibility of plugging, abandoning and reclaiming the well. There are other cases where a landowner is interested in taking responsibility for an orphaned CBM well and converting it for use as a stock or domestic well. “These conversions, at their core, are something we support”, say Supervisor Black and State Engineer Tyrrell. “It makes use of an existing asset, can provide water for people and animals, and can have positive benefits for wildlife, including sage grouse”.

The questions become those of scope, process, and information. Questions for consideration include: How many wells should be converted in a defined area? What do the landowner and operator have to do with both our agencies to make sure the conversion is acceptable? What happens to the wellbore, and any associated liability, if turned over to a landowner and never recompleted or fully plugged and abandoned? Converting wells without analysis and proper approval will lead to potential liabilities for landowners and the potential risk that may be imposed upon mineral and groundwater resources.

The guidance letter will be posted on the web site of the two agencies. Links to both sites can be found on the State of Wyoming website. The guidance letter is two pages with an additional page as an attachment listing the steps and actions necessary to transfer a well.

You may contact the Cheyenne office at 307-777-6150

SEO Internal Guidance: Conversion of Coalbed Methane (CBM) Wells to Water Wells Application Processing 

Press Release 

Conversion of Coal Bed Methane (CBM) Wells to Water Wells - Guidance Letter 

Udpated Process Required for the Conversion of a CBM Well to Other Uses (3/20/2014) 

Land Owner Release Form (1/21/2014) 

Public Outreach Meeting: CBM Orphaned & Abandoned Wells - Transfer of Wells, Pits and Reservoirs, April 2, 2014 

Memo Link

Green Basin Water Users Meeting 

CHEYENNE, Wyo. - Responding to concerns over increasing conflicts between surface water and groundwater resources in southeast Wyoming, State Engineer Pat Tyrrell issued an order today that will limit groundwater use for the next three years in the LaGrange area while the area’s groundwater and surface water uses are re-appraised.

More specifically, the order was issued for the LaGrange Aquifer and surface water diversions from Horse Creek at and below the Brown and LaGrange diversion in southern Goshen County, Wyoming. In crafting the order, Tyrrell took into account concerns voiced by area water users, as expressed at a public hearing in LaGrange on April 12, 2013.

In the order, Tyrrell calls for closing of the area to further permitting of large capacity wells, and for the adjudication of currently unadjudicated groundwater permits. Also, groundwater used for irrigation from the LaGrange Aquifer will be limited to 12 inches per year for the next three years (starting in 2014), and a total of 36 inches over that period. Some flexibility within the 3-year period is allowed. All groundwater wells permitted for over 25 gallons per minute will also be required to have flow meters installed, and to report their use annually. While so limited, groundwater use will not be vulnerable to calls for regulation from surface water rights.

Surface water diversions, and reservoirs, will also be required to have acceptable control and measurement capabilities. Those diversions seeking to divert water during the winter will be required to have acceptable control and measurement capabilities prior to diverting in the winter of 2013-2014, and any such diversions will be required to be spread across the appropriate permitted (or adjudicated) acres up to the soil holding capacity only.

The Order is in effect for a period of three years, after which these conjunctive management measures will be reassessed. Therefore, the current order focuses largely on water use data acquisition. At that time, the current Order will either remain in effect or terminated, a new Order will be issued, or the Order will be replaced by an agreement among the affected appropriators. The order will be posted on the State Engineer’s website on Monday, July 22, 2013.

Horse Creek Order 

Horse Creek Groundwater/Surface Water connection Investigation, Goshen and Laramie Counties, Wyoming 2011 

Memo Link 

Memo Link 

The State Engineer rescinded the January 4, 2005, "Policy Memo:  Permitting Requirements for Groundwater Monitoring Wells", effective March 12, 2013.  The Ground Water Division will no longer require permits for monitoring wells - regardless of the casing size.  The Water Well Minimum Construction Standards (Chapter 2, Section 2 (ww)), defines a monitoring well as, "A groundwater level observation well or a well from which water samples are retrieved for water chemistry analysis."  Therefore, there is no production of water for beneficial use and a monitoring well will not require a permit. 

Permitting Requirements for Groundwater Monitoring Wells 

Memo Link

On October 29, 2012 Governor Matt Mead gave final approval to a series of amendments to the Rules and Instructions of the State Board of Control.  This completes an update to the Board Rules which has been ongoing for the last couple of years.  

The current Rules can be found at:

Board of Control Regulations & Instructions 

Memo Link

Memo Link