Instream Flow
The Wyoming Outdoor Council is concerned about how our streams and lakes serve the habitat needs of Wyoming’s very important fish species, like the Yellowstone cutthroat trout. In-stream flow is a relatively new concept in water rights that would allow some rights to be allocated for the stream itself rather than for crops or other agricultural needs. While irrigation does serve the needs of agriculture, over-use and over-allocation of water can lead to dry streambeds if regulators are not careful. Instream flow is a response to the frequent drying up of our western streams, particularly in the summer, when flows are low and the needs of water users compound the problem.
To that end, the Council has worked with members of the Wyoming Legislature to pass an effective instream flow law in Wyoming. Under its current construction, Wyoming’s instream flow law has been little used. Some of the problems with the current law include the following: (1) The transfer to an instream flow water right must be permanent; it cannot be leased out for a period of months or years; (2) Only the Wyoming Game and Fish Department can own such an instream flow right. Private parties cannot; (3) The fact that instream flow will not affect other water users on the same stream needs to be shown.
The Wyoming Outdoor Council envisions a better instream flow law that would allow private entities to own their instream flow right and have the ability to insist on its enforcement vis-à-vis other water-right owners. We also seek flexibility so that instream flow allocations may be tried as an experiment for a period of years.
There are five species of cutthroat trout that can be caught in Wyoming: the Yellowstone, the Snake River, the Colorado River, the Bonneville, and the Colorado greenback cutthroat. With careful planning, including adequate instream flow, all of these species will continue to thrive.