The West is entering the summer in a drought. The Wyoming state engineer’s office is in charge of water rights in the state. It’s preparing for the summer with some water restrictions already in place.
Wyoming Public Radio’s Kamila Kudelska spoke with Deputy State Engineer Jack Morey to learn about what this summer might look like.
Editor’s Note: This conversation has been lightly edited for clarity and brevity.
Kamila Kudelska: It's been an eventful year for water in the state already. Just this month, your office announced a couple of emergency measures. I would like to start with water used for stock animals. You're allowing water to be drawn from places that's usually not allowed. How will this help ranchers, and when's the last time the state did this?
Jack Morey: It is common in these dry years for him [Wyoming State Engineer Brandon Gebhart] to do that, which allows some flexibility for those ranchers to utilize what little bit of water they have.
KK: Can you give me an example of who and why someone may want to take advantage of it?
JM: They can change their point of use for emergency situations to water stock. In case their pasture rotations run out of water in a certain pasture, they can utilize the flexibility issued by the order and hopefully get some water to their animals.
KK: A second emergency measure, this one is limiting water use in the Tongue River Basin. This is for junior water right holders, so folks with rights after 1950. Why is this regulation happening?
JM: The Supreme Court issued a decree back in 2018 between Montana and Wyoming. Montana put a lawsuit on Wyoming, and in 2018 the Supreme Court issued that decree. It pretty much deals with post-1950 water rights.
Basically, Montana has made a call, and the only way in the decree that they can make that call is if they give substantial evidence that Tongue River Reservoir will not fill by the end of the water year. I also must state that Montana must lift this call [it] becomes evident that the reservoir will fill.
KK: How many people or businesses does this restriction on the Tongue River affect, and what do impacts potentially look like?
JM: The call is subject to all the major reservoirs above Dayton, Ranchester [and] Sheridan. Again, it's to all junior 1950 water rights and filling of the reservoirs in the Bighorn Mountain.
KK: Can you explain, briefly, the water rights system? Why does the year of someone's rights matter?
JM: The whole state of Wyoming's water right system is based on the doctrine of prior appropriation. When people apply for a water right, they get a date, and the more senior right, the better the water right. They get premium access to that water. Junior water rights will be shut off first in calls. So again, going back in time, the more senior the right, the better and the more access to water they have.
KK: What can ranchers and landowners expect if they are dealing with these restrictions? Where can they get water? Will they have enough water?
JM: The Montana call is a filling of reservoirs in Wyoming above Dayton and Ranchester, and Sheridan up in the Bighorns, and a few up on the face of the mountain. The substantial-sized reservoirs, they are trying to fill reservoirs with a water right that is junior to 1950, and we are monitoring all the junior rights to 1950 that are trying to store water in Wyoming reservoirs.
KK: Okay. So it's more about storing water, it's not about getting water?
JM: That's correct.
KK: This isn't the first regulation that happened this year. Your office just lifted one from the North Platte River and its tributaries. Do you foresee anything more this year?
JM: We're already in interstate regulations all over the state. The Bear River has been in interstate regulation, several tributaries on the Green River are in regulation already, and as you mentioned, the North Platte's been in regulation.
It's one of the earliest years that we've went into regulation, and anticipate it to become even more regulation on systems and tributaries that haven't seen regulation ever. So again, it's shaping up to be the driest year on record.
KK: Could you say some examples of some tributaries that would be affected that you said have never been affected before?
JM: On the western side of the state, there's a lot of tributaries. I don't have any names in front of me right now, but I think it would be safe to say pretty much any tributary in Wyoming, there's a chance of being on regulation this summer.
KK: How are Wyomingites on the ground going to feel this?
JM: Like I mentioned earlier, this year's shaping up to be very challenging for all our water users, ag included. Municipal and industrial water users are going to face these challenges as well, and that's why we have set up this priority system in the Wyoming water law to protect the most senior rights.
We can't guarantee – we don't guarantee water, and there ain't gonna be much of it this summer.
KK: How are those senior rights figured out, as you just mentioned, under the water law?
JM: Again, it would be their priority date, so the earlier the right, that's more senior.
KK: I know some towns are asking residents to limit their water use, specifically by not watering lawns during the heat of the day or at all. Could it get so bad that municipal water systems fall under regulations?
JM: There's potential for municipalities to fall under regulation from the state engineer's office as well. There is flexibility within our system, and most municipalities have backup plans with temporary water use agreements and exchanges.
KK: How will these restrictions affect wildfire fighting operations? Will there be limits or restrictions on where firefighters can pull water potentially?
JM: Last month, State Engineer [Brandon] Gebhardt issued a memo stating that in emergency situations where wildfires are being managed, any water supply may be used for fighting the fire.
KK: Okay. So no restrictions there?
JM: There is no restrictions. We're hoping they will utilize the least disruptive water source and work with our division superintendents to find appropriate water.
