Platte River recovery plan debated

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Two Wyoming water experts objected at a Senate hearing Wednesday to different aspects of proposed federal legislation that would allow the Platte River Recovery program to move forward.

The bill would approve the $157 million federal share of an agreement to guide Platte River water use while protecting four endangered or threatened species. The Platte River Recovery Implementation Program agreement was signed late last year by Wyoming, Colorado, Nebraska and the federal government.

The bill would also increase the water capacity of the Pathfinder Reservoir in Wyoming.

Sen. Craig Thomas, R-Wyo., the Bureau of Reclamation commissioner and a state official all expressed general support for the bill at a hearing of the Senate Energy and Natural Resources subcommittee that oversees water and power.

Wyoming Water Development Commission Director Mike Purcell praised the bill itself. But he criticized an amendment proposed by Thomas. Purcell said Gov. Dave Freudenthal supports the amendment, leading to some confusion over the state's position.

Joe Glode, president of the Upper North Platte Valley Water Users Association, objected to the bill but supported Thomas's amendment.

Glode said he does not oppose the program itself, but rather the bill in its current form. He represents Wyoming water users above the Pathfinder Reservoir. "We feel that that bill as currently written has the potential to injure us greatly in the administration of Wyoming water law," he said.

Glode objects to the proposed expansion of Pathfinder Reservoir and adding new uses for reservoir water.

But he supports Thomas's amendment that would restrict the Bureau of Reclamation from placing priority calls for delivery of water from the Pathfinder Reservoir during the irrigation season, from May 1 to Sept. 30. Glode said although it would not "completely remove our injury," it would address the most serious threat in the bill.

Asked about Thomas's amendment, Bureau of Reclamation Commissioner Robert Johnson testified that it would be inappropriate for him to make formal comment until seeing it in writing. But he added that the government might be reluctant to support it. "In general, we would be cautious about an amendment that would restrict a water right that is administered under state law," he said.

But Thomas noted that the Bureau of Reclamation has indicated it is not likely to increase demand during the season. He said his amendment would simply put that assurance into law. "All we're doing is assuring that what they say will happen, will happen," Thomas said.

Glode agreed, saying he sees the amendment as "having nothing to do with Wyoming water law."

"We're just simply asking for what everybody says we have already," he said. "I don't see it as being controversial."

Purcell said that Freudenthal a year ago asked the delegation to support a similar amendment. But Purcell objected, saying not just the expanded portion but the entire reservoir would be off-limits to a federal call. He seemed to worry it would hold up the bill.

"My issue is, I don't want this amendment to affect the Pathfinder Modification Project and this potential authorization," he said.

But when Thomas reiterated his support and the governor's, Purcell said, "And if you think that's appropriate, so be it."

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