Two bills are working their way through the Wyoming Legislature this session intended to make it easier to keep water in streams for recreation and fisheries.

Long blocked by agricultural interests, one bill has passed out of the Senate Agriculture Committee and the full Senate, while another bill appears before the House Ag Committee this morning.

Both would add greater flexibility to Wyoming water law.

Scott Yates, instream flow coordinator for Trout Unlimited, said the Senate File 51, sponsored by Sen. Cale Case, R-Lander, would allow Wyoming to temporarily hold a water right for two years. Yates said a broader measure, House Bill 84, sponsored by Rep. Rosie Berger, R-Sheridan, would allow water right holders to work directly with the state engineer on temporary donations of water rights for recreation and fishery purposes.

Like most of the western United States, Wyoming operates under the doctrine of "prior appropriation," which gives those with the earliest water rights the first right to water. This "first in time, first in rights" doctrine means that in a year when there isn't enough water to satisfy all water rights, the early water right holders get water, followed by junior water right holders until the water runs out. When there's a drought, many junior water right holders go without water.

In addition, the "use it or lose it" rule means that if a senior water right holder doesn't use the water for a beneficial use - irrigation, industrial or municipal - then that water can be lost to a junior water right holder who will put the water to work.

In 1986, the Legislature passed a law which recognized leaving water in the stream for fisheries as a beneficial use. Case has spent much of his legislative career trying to broaden what he called a very narrow law, against nearly universal opposition by agricultural interest groups.

"They're very fearful of change," said Case, yet all his instream flow bills have required "no harm" to existing water users. And, said Case, he hears from numerous farmers and ranchers who'd like to see an instream flow bill.

This year, Case went back to a 2005 version of his instream flow bill, which allows the state to acquire by purchase, gift or lease, water rights for instream flow purposes. Case said the state engineer signed off on the bill - that it was no more an administrative burden than the hundreds of transfers handled by that office annually.

What made the difference this year? Case said the makeup of the Senate Ag Committee has changed, and he was able to change Sen. Bill Vasey's vote.

"I never try to predict what the House will do," Case said. He and Berger have shared bill information with each other, and he wishes her bill good luck.

"I decided to sponsor HB 84 because for many years in the Legislature we've had proposed bills on water rights," Berger said. "I think it is time to have a discussion on what choices may be available for landowners, including voluntary changes of use subject to approval of the state engineer's office."

Berger's broader bill language could be helpful to a number of interests, she said, including:

* A rancher/farmer wanting to use water temporarily on other land (maybe leased land) to grow or rotate other crops.

* A landowner wanting to try a fishing business, with more water in the stream and less used for irrigation.

* A town wanting to buy water in times of drought for instream flow through town.

* A city wanting to buy temporary municipal water and a landowner wanting to sell it temporarily.

Like the Case bill, Berger's bill is set on two-year periods and calls for no harm to other water right holders.