One More For The Road

[{"type":"text","text":"Thankfully she was wearing a mask...."}]

One more for 1 13 24

Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>One More For The Road: Saturday, January 13, 2024 | Cowboy State Daily</title>

Thankfully she was wearing a mask....

One More For The Road: Saturday, January 13, 2024

Heinz mark

Mark Heinz

Legislature

As demands increase for a dwindling supply of Colorado River water, the seven states that depend upon the river must keep talking to avoid lawsuits or federal intervention, Wyoming State Engineer Brandon Gebhart told lawmakers Thursday.

As it stands, there are rumblings that legal battles between states are imminent, Rep. Ken Chestek, D-Laramie, said during a meeting of the Legislature’s Select Water Committee in Cheyenne.

Gebhart appeared before the committee to give an update on Colorado River water. His remarks were informational and the committee took no action.

“I’ve heard talk about possible litigation between the Lower Basin states and the Upper Basin states, based on the recent federal EIS,” Chestek said while asking Gebhart his thoughts about the possibility.

“The best way to avoid it (litigation) is to get to an agreement among the seven states,” Gebhart answered. "Wyoming remains fully committed to that. I truly believe a seven-state agreement is much better than litigation or congressional intervention. Any time an EIS comes out, there is a potential for a whole host of folks or people or organizations to file suit.” 

But it’s too early to tell whether that could turn into lawsuits between states, he added.

“I don’t have a crystal ball. But I’m going to continue to try very hard to avoid that outcome. I don’t believe it’s the best,” said Gebhart, who represents Wyoming on the Upper Colorado River Commission.

[{"type":"text","marks":[{"type":"bold"}],"text":"Water Pulled From Flaming Gorge"}]

The U.S. Department of the Interior, through the Bureau of Reclamation, recently released its final Environmental Impact Statement (EIS) for Colorado River operations, including plans for operations from 2027 to 2036.

That proposal doesn’t include any immediate cuts for the Upper Basin states: Wyoming, Colorado, Utah and New Mexico.

In the Lower Basin, Arizona Gov. Katie Hobbs said her state faces “Draconian” cuts under the plan.

The other Lower Basin States are Nevada and California.

Independent of federal moves, Wyoming is implementing voluntary water conservation measures in the upper Green River Basin, Gebhart said.

The Green River is one of the Colorado River’s primary tributaries, and feeds into Flaming Gorge Reservoir on the Wyoming-Utah state line.

A plan is still on track to pull an additional 1 million acre-feet from Flaming Gorge, from May to April 2027, to make up for shortages at Lake Powell on the Utah-Arizona state line, Gebhart said.

As of mid-July, about 239,000 acre-feet had been pulled from Flaming Gorge, he said.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Two-Year Plans"}]

The federal government is expected to release a record of a decision that would establish direction over operations, according to two-year operational plans, Gebhart said.

“We’re being told that these will come soon, but we are not provided a definition of what ‘soon’ is," Gebhart said.

Regarding perceptions of the “fairness” of the EIS as it applies to the Upper Basin versus Lower Basin, he said it’s important to remember the sections are managed differently.

In the Lower Basin, the Secretary of the Interior has direct control over reservoir releases and water deliveries, Gebhart said.

In the Upper Basin, policy is decided mostly by state law and according to water supplies, he said.

“I believe we should avoid measuring fairness by whether the action looks identical," Gebhart said. "Fairness is whether each basin is contributing through the authorities, responsibilities, operational tools and water supplies that actually exist.” 

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Grim Water Year"}]

This has been one of the lowest water years on record across much of the West, Gebhart said, and Wyoming has been no exception.

“Over 83% of the state is in severe or extreme drought,” he said. "Luckily, no parts of the state are under exceptional drought, as of right now.”

For the entire Colorado River basin, the supply remains low.

The 10-year average flow at Lees Ferry in Arizona was recently measured at roughly 81 million acre-feet, Gebhart said. 

Lees Ferry is considered the dividing line between the Upper and Lower Basins.

“The Lower Basin believes that it’s entitled to about 82.5 million acre-feet under the 1922 Colorado river compact. So, we will be dipping below what they think they’re entitled to under the compact,” he said.

Flaming Gorge Zach Holmes 8 6 26

<title>Legislators Warned That States Must Talk Or Face Lawsuits Over Colorado River | Cowboy State Daily</title>

The Wyoming state engineer told state legislators Thursday that if the seven Colorado River Basin states can’t come to terms over a dwindling water supply, lawsuits or federal intervention could result. "I don't think it's the best," he said.

Legislators Warned That States Must Talk Or Face Lawsuits Over Colorado River

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Government & Politics

Politics

In a Thursday meeting of the State Board of Land Commissioners, Secretary of State Chuck Gray nearly voted against giving Tri-State Generation and Transmission permission to use a 298-foot access road in rural central Wyoming after voicing concerns about whether the company would use the road to advance any wind, solar or data center projects. 

Tri-State is a wholesale power supplier serving eight electric cooperatives in Wyoming including High Plains Power, Carbon Power and Light and Big Horn Rural Electric Company.

Tri-State applied for a five-year, temporary-use permit for a 288-foot access road in remote Natrona County for $250 a year.

The elected officials on the State Board of Land Commissioners and the public have access to these applications at least a week before each meeting.

Gray announced at the Thursday meeting in Cheyenne that he would vote no on the permit because he didn’t know if the access road involved any data centers, wind or solar projects.

After a lively debate about supplying irrigation power to farmers, Gray reversed course and voted yes to approve the permit.

Tri-State told Cowboy State Daily after the meeting that its application isn't tied to any potential projects. 

It was for access renewal into an existing Western Area Power Administration (WAPA) substation, where Tri-State keeps equipment for operational and grid reliability purposes, "that from time to time requires routine maintenance," the company said.

That substation also abuts one of Tri-State's own substations, serving High Plains Power, the company said. 

[{"type":"text","text":"'Futile Call To Essentially Stifle Capitalism'"}]

Conversation at the Thursday meeting turned to Tri-State’s request for access via a 288-foot route.

Gray had asked administrative staff if applicants were associated with data centers, wind energy or solar projects. He told Cowboy State Daily on Thursday that that “blanket” inquiry was due to his concerns that board members don’t have enough information.

Office of State Lands and Investments Director Stacia Berry said she’d reviewed the list for temporary-use permits. None appeared to be associated in any way with those projects, except for one unknown, she said.

“The only one I’d note is (the Tri-State application),” said Berry. “This is an access road. I can’t guarantee what all is associated with that access road.”

Berry said the office tried to contact Tri-State, but the company had no notice its access road application would come up as a standalone topic at the meeting.

[{"type":"text","text":"Gray asked to remove that application from the list."}]

State Auditor Krisi Racines granted his wish by moving the whole list without it.

“I’m going to vote no on this,” said Gray. “It might be fine. They (the office) reached out. They (Tri-State) didn’t respond. We don’t know.”

Gray said the board should “tighten things up here. I think it’s gotten too loose, and I’m going to be a no here.”

Gov. Mark Gordon noted that Tri-State is a significant power generator for multiple cooperatives that distribute power to Wyomingites.

Gray again said the board’s administrative office hadn’t heard back from Tri-State.

“I would just supplement that with, they’ve had about 35 minutes,” said Berry. “They didn’t anticipate needing to be present today.”

[{"type":"text","text":"Treasurer Curt Meier issued a warning."}]

“Impeding, you know, generation and power to me seems like a futile call to essentially stifle capitalism,” said Meier. “We need power in this state for economic development. Tri-State supplies power to practically every irrigator and farmer in the state.”

Meier warned of denying Tri-State access to power facilities “in this extreme drought area.”

[{"type":"text","text":"He shook his head. "}]

“I’m really grasping the utility of continuing this dialogue,” he said.

[{"type":"text","text":"Gray changed course, saying he would probably vote for the access route."}]

“But I just asked a simple question: is this tied to wind or solar. And we can’t get an answer,” he said. “I just think it’s really disturbing, to me.”

[{"type":"text","text":"Meier countered."}]

“At no time I think in the last decade or even in the last 10 minutes have I heard that wind and solar is illegal,” said Meier. “And I think trying to manage our economy on political ideology instead of law is troubling to me.”

[{"type":"text","text":"Gordon said he wanted to get back on track."}]

Superintendent of Public Instruction Megan Degenfelder called for the vote. When the other board members voted aye, Gordon turned to Gray and asked if he was choosing to abstain from the vote.

Gray gestured and said something the livestream audio didn’t capture clearly.  

[{"type":"text","text":"“He’s voting aye,” said Gordon."}]

[{"type":"text","text":"'It Became Clearer'"}]

Gray told Cowboy State Daily in his Thursday email that he changed course because Berry indicated the project was probably not linked to wind, solar or data center projects. He also said Gordon has a tendency to hide the nature of board matters, and that's an ongoing problem. 

he lack of information provided to Board members about these proposed projects has been deeply disturbing to me," said Gray. "That is why today I just asked in a blanket fashion whether any of the dozens of proposed Temporary Use permits for road access had any nexus to a wind, solar, or data center project.

"It was very concerning to me when the Director and the Governor appeared to not even know if any of the Temporary Use permits had anything to do with wind, solar, or data centers."

He said he ultimately voted for the access permit because Berry indicated it probably wasn't connected to wind, solar, or data center projects. 

"Because it became clearer the easement had nothing to do with wind, solar, or data center with the Director’s modified comments, I decided to support it," he said. 

The board's administrative arm, the Office of State Lands and Investments, noted Thursday that board members have a week to review materials before the meetings, and are given opportunities to ask questions of OSLI personnel. 

[{"type":"text","marks":[{"type":"textStyle"}],"text":"Gordon emphasized that also. "}]

, the governor added that Gray appeared unprepared and distracted by his phone in Thursday's meeting, falling short of what's expected of Wyoming elected officials. 

"Mr. Gray continues to show his inability to understand the issues before him and to work well with his colleagues," said Gordon. "The Secretary is sounding like a jackass in a tin barn."

Earlier in that meeting, the discussion turned to a 2.46-acre, 39-year easement request for which Enbridge Solar offered to pay a $56,235 one-time fee.

Gray asked the board to remove Enbridge’s application from a bigger list of easement applications by various companies.

Gordon asked the board three times if anyone would support Gray’s amendment. Silence followed.

[{"type":"text","text":"“Mr. Secretary, I’m sorry, that motion fails,” said Gordon."}]

[{"type":"text","text":"Degenfelder urged thoughtfulness."}]

“I know discussion is on this Enbridge Solar, but I think we should be cognizant we’re talking about access only,” said Degenfelder. “So when we start prohibiting access, we get ourselves into trouble.”

[{"type":"text","text":"Gray said he’d be voting no on the easements consent list."}]

“It’s just really unfortunate we weren’t able to have a discussion on the Enbridge Solar piece separately,” said Gray. “It’s linked to the data center south of town.”

Chuck Gray Curt Meier and substation 8 6 26

<title>Gray Changes Mind On Power Station Access After Spat With Curt Meier | Cowboy State Daily</title>

After Curt Meier said of State Chuck Gray's announced vote to block Tri-State Generation's access to a power substation would “essentially stifle capitalism,” Gray changed his mind. They supply "power to practically every irrigator and farmer in the state," Meier said.

Gray Changes Mind On Power Station Access After Spat With Curt Meier

Employee kate meadows cropped

Kate Meadows

Around Wyoming

Students in Lincoln County School District No. 1 will have to leave their smartphones, smartwatches and other internet-connected devices behind during the school day starting this fall — and those who repeatedly violate the rule could end up paying for it.

The district's board of trustees has adopted a Smart Device Policy for the 2026-27 school year that prohibits students from possessing smart devices on campus during school hours. 

Students caught violating the policy three times will face a $25 fine, a provision district leaders say is intended to change behavior rather than generate revenue.

School districts across the state are enacting smart-device policies after the Wyoming Legislature passed a bill earlier this year requiring the adoption of formal policies to address the possession and use of smart devices by students while on school grounds. 

However, district board chair Kristi Dearden said she is not aware of any other school districts whose policies include a fee for repeat offenders.

“In education, you have to be able to gain and keep students’ attention for them to learn,” said Shawn Rogers, principal of Kemmerer Junior-Senior High School. “When you’re competing with a cellphone, you’re going to lose every time.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Legislature Puts Districts in Charge"}]

The move comes as schools across the state consider how to monitor smart-device usage.

Campbell County School District in June approved a ban for K–8 students between opening and end-of-day bells, with high school students allowed to use their cellphones between class periods and during lunch.

Cody High School in Park County School District 6 also implemented a total ban.

Last year, Cowboy State Daily reported on 

a total ban implemented at Evanston High School

EHS English teacher Laura Clarito said the ban changed the attitudes of students.

“Since cellphones were disallowed, I have seen more engagement in coursework and more conversation during downtime,” Clarito said. “Kids aren't phone zombies now, they are humans.”

Both Rogers and Dearden said Lincoln County School District No. 1’s new policy is a direct result of the recent legislation.

“There was a need for it,” Rogers said. “We were really happy that our Legislature finally gave us something to go on. We feel like we battle with those phones so much it’s definitely a distraction.”

[{"type":"text","marks":[{"type":"bold"}],"text":"The $25 Fee"}]

Rogers said school administrators and board members researched what other states were doing to implement smart-device policies. In Texas, they learned, some districts are imposing fines for policy violations.

As the Lincoln County district considered how to change behavior, leaders thought a fee on a third offense made sense.  

“On the third offense, the behavior’s not changing,” Rogers said. “We would hope that it doesn’t get to that point.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Student Council To Receive Money"}]

Dearden said any fines collected will be deposited into the district’s student council fund.

[{"type":"text","text":"Rogers said he hopes the council won’t see much money from this source."}]

“I’m hoping it’s not going to be that big of a deal,” Rogers said. “Even if the fund collects $300, that means 12 students pushed it to three offenses.”

[{"type":"text","text":"That, he said, would signal a larger problem."}]

“I would hope that parents would make kids pay their own fine if it gets to that level,” he added.

[{"type":"text","marks":[{"type":"bold"}],"text":"Community Feedback"}]

[{"type":"text","text":"The policy has generated spirited debate within the community."}]

Discussions on social media revealed sharply divided opinions, though no one spoke directly to Cowboy State Daily when asked to share their thoughts.

Some argued a ban on smart devices violated personal property rights. Others questioned how students would contact their parents in an emergency such as a shooting.

Others said the school office should be in charge of communicating with parents as necessary. Many supported the policy, saying students have the right to an education, not a right to a cellphone.

“Everyone I’ve spoken to is in support of it,” Rogers said, “though I’m not naïve enough to believe there aren’t naysayers.”

Dearden said no community members have spoken publicly at board meetings about the policy. 

[{"type":"text","marks":[{"type":"bold"}],"text":"‘Win Back Education’"}]

The Lincoln County district’s policy points to research showing the mere presence of a cellphone reduces cognitive capacity.

 suggesting that banning smartphones in schools has a positive impact. She also shared a 

study from the National Library of Medicine

 that explored the impact of smartphone use on a student’s understanding of course material and psychological well-being in the classroom.

The policy declares Kemmerer Junior-Senior High School a “smart device free zone” from the first bell to the final bell.

It defines a smart device as “any portable electronic tool capable of connecting to external networks (including but not limited to Wi-Fi, cellular data or Bluetooth) or possessing independent processing power to store, record, or transmit data. This includes, but is not limited to, cellular phones, smartphones, smartwatches, tablets, e-readers, handheld gaming consoles, and wearable technology.”

Students can leave their devices in a locked vehicle or place them in a secure lockbox at the front office before school begins.

A first violation results in confiscation of a device until the end of the school day. A second offense requires a parent or guardian to retrieve it from the school.

[{"type":"text","text":"A third violation carries the $25 fine."}]

The policy also includes what administrators call a "burner device" provision. Students who place a dummy or decoy phone in a lockbox while secretly keeping their primary device will automatically receive a third offense.

With the new school year looming, administrators are optimistic that the policy will produce positive results.

[{"type":"text","text":"We call it “win back education,” Rogers said."}]

Kemmerer high and cellphone 8 6 26

<title>Lincoln County Students Face $25 Fines If They Keep Bringing Phones To School | Cowboy State Daily</title>

If stern warnings and rules won’t keep kids from bringing their cellphones and devices to school, maybe cash fines will get their attention. That’s the idea behind a new Lincoln County rule that will fine students $25 if they keep bringing them to school.

Lincoln County Students Face $25 Fines If They Keep Bringing Phones To School

After a contentious State Board of Land Commissioners meeting Thursday, Secretary of State Chuck Gray indicated it's Gov. Mark Gordon's fault he voted yes on an easement for a data center generation facility in June. 

Gordon called that "clearly an excuse concocted by Mr. Gray to cover up the fact that he is not doing his homework and is taking votes he does not understand." 

The governor also said that Gray sounds "like a jackass in a tin barn." 

In his campaign against eight other Republicans for the GOP nomination to U.S. House, Gray is the only candidate voicing outright opposition to data centers. Many of his opponents have said it’s the state and local governments’ role, not the role of Congress, to dictate policies on data centers.  

Gray was the lone no-vote of the State Board of Land Commissioners in February, on approving a 35-year easement for Cheyenne Power Hub, a generation facility 

 being the lone nay on the data center project easement at Tuesday night’s House debate.

 to that same data center generator facility.  

Gray told Cowboy State Daily he voted in favor of that data center-feeding facility because the vote’s true nature wasn’t clearly noticed, and “it looked like an easement for an oil and gas producer.”

Members of the State Board of Land Commissioners receive application documents a week before each meeting, and Office of State Lands (OSLI) and Investments personnel offer them a chance to ask questions and gain clarity before the meetings, OSLI communications and policy analyst Melissa Defratis said in a brief Thursday interview. 

[{"type":"text","text":"'An Ongoing Problem'"}]

[{"type":"text","text":"Gray also blamed Gordon for what he calls inadequate notice of the votes."}]

“Unfortunately, at certain times, the Governor has found ways to hide what these leases are actually doing,” said Gray in a Thursday email. “For example, 

, it wasn’t even mentioned that any of the easement applications had anything to do with the data center.”

The June application was from the same facility that drew Gray’s no-vote in February.

“There was no way for the Board members to know, which has been an ongoing problem," Gray said.

All projects, easements, and Temporary Use Permits having anything to do with wind, solar, or data centers should be clearly noticed to the State Board of Land Commissioners," said Gray. "The fact that they haven’t been, including in the June meeting, is deeply disturbing to me.  

"It shows Gordon’s continued attempts to force outrageously wrong wind, solar, and data center projects without clear notice and knowledge of the public, including the State Board of Land Commissioners.

Gray accused Cowboy State Daily of being “the ultimately ally of Mark Gordon” and an unspecified group of “insiders.”

Gordon responded in a strongly-worded statement, noting that the members of the State Board of Land Commissioners are "fully briefed with every opportunity to ask the staff for more information. Nothing is being hidden from Mr. Gray."

Gordon said Gray has not been doing his homework and has been voting on things he doesn't understand. 

The governor said that in Thursday's meeting, "Mr. Gray appeared to be unprepared or unfamiliar with the material in front of him and was distracted by his cellphone during the meeting as he has been before." 

The governor said Wyoming's elected officials are expected to come prepared to meetings. 

"Mr. Gray continues to show his inability to understand the issues before him and to work well with his colleagues," said Gordon, adding, "The Secretary is sounding like a jackass in a tin barn." 

Update - the second half of this story has, for clarity, been published as a standalone story. 

Chuck Gray and Mark Gordon 8 6 26

<title>Gordon: Gray Sounds Like 'Jackass In A Tin Barn' For Blaming Data Center Vote On Gov | Cowboy State Daily</title>

Chuck Gray, who campaigns against data centers, indicated Thursday that his aye-vote on an easement for a data center generator was Gov. Mark Gordon's fault. "The Secretary is sounding like a jackass in a tin barn," Gordon responded.

Gordon: Gray Sounds Like 'Jackass In A Tin Barn' For Blaming Data Center Vote On Gov

Kolby fedore

Kolby Fedore

Wyoming is among 27 states reporting illnesses from a recent salmonella outbreak linked to imported jalapeño peppers.

While federal health officials say there is no ongoing risk to customers who eat at Chipotle or QDOBA chain Mexican restaurants, a Wyoming health official says the outbreaks are a reminder of the tradeoffs that come with the modern food system.

"I think it is part of the cost of doing business for our industrialized society," Park County Health Officer Aaron Billin told Cowboy State Daily. "We get our foods in bulk. 

"One hundred years ago, people had small farms, grew a little bit of everything, but now people specialize just in jalapeños and sell on a massive scale. And if that food supply gets contaminated, that's a problem."

The U.S. Food and Drug Administration and Centers for Disease Control and Prevention announced Wednesday that 345 people have been sickened by the outbreak strain of 

. Thirty-six have been hospitalized, but no deaths have been reported.

The FDA's public case map places Wyoming in a category with five or six reported illnesses.

Chipotle and QDOBA have removed their affected products.

Although the last known illnesses began in July, the outbreak is only now drawing widespread attention after federal investigators completed weeks of patient interviews and supply-chain tracing that identified a common grower in Sinaloa, Mexico, as the likely source.

The salmonella outbreak comes as Wyoming continues to monitor another foodborne illness investigation.

 of Cyclospora, a microscopic parasite that causes prolonged watery diarrhea, stomach cramps and fatigue.

State health officials said five of those cases were associated with international travel while one remained under investigation.

Wyoming is among 27 states that was hit by a recent salmonella outbreak traced to jalapeños served at chain Mexican restaurants. It’s just “the cost of doing business” anymore in today’s modern food system, said a Park County health officer.

One More For The Road: Saturday, January 13, 2024

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