As the summer draws to a close, hot and arid conditions remain while those keeping close tabs on the state's water supply and the dams that help manage the resource grapple with serious legal challenges and a long maintenance backlog.
The bottom line is, a huge number of dams in the state are rated as being in “poor” condition.
State officials are painting a troubling picture of aging infrastructure and mounting pressure from downstream states hungry for water that's becoming increasingly scarce.
The dual crisis has water managers focused on Wyoming's interests against legal challenges that could fundamentally reshape water management across the state.
"We're seeing hot and dry and we're seeing dwindling water supplies,” said Chris Brown, senior assistant attorney general within the state's Water and Natural Resources Division.
Crumbling Infrastructure
Deputy State Engineer Jack Morey delivered sobering statistics about the condition of Wyoming's critical dam infrastructure during recent testimony before the Joint Agriculture, State and Public Lands & Water Resources Committee.
Of the state's 1,471 regulated dams, a staggering 41% of low-hazard dams are rated in poor condition. The numbers get more concerning as the stakes rise: 36% of significant-hazard dams and 13% of high-hazard dams are also in poor repair.
The hazard levels relate to the probable risk to human life should a dam fail.
"We've all heard about aging infrastructure. This is another example of our aging infrastructure in our state," Morey told the committee, noting that of the 97 high-hazard dams across Wyoming, the federal government owns 29, the state owns two, and private entities own the remainder.
The water crisis has lawmakers questioning how the state can balance continued development with shrinking water supplies.
Rep. Pepper Ottman, R-Riverton, pressed officials about coordination between various state agencies and local governments as Wyoming pursues economic growth.
"We as a state are having growing pains, you know, we want to grow, we want to develop, we want to do all these things," Ottman said. "What is the reality of the necessity to make sure when we are doing things through our local planning departments, through business growth, through the state, how are these in conversation with one another at all?"
The Riverton Republican worried that without better coordination, Wyoming might approve development projects without adequate consideration of water availability.
"If we are having less water, are we in conversation with all of these entities to say we may not be able to do all these things if we don't have the water?" Ottman asked. "How can we make sure that everybody has a reality check of what is really going on and the direction that we need to take?"
Drought Impacts
The dam situation represents just one facet of Wyoming's water challenges.
Morey detailed how drought conditions have triggered regulation calls across all four corners of the state, with the North Platte River under allocation all summer and Division 4 in southeast Wyoming seeing 19 active calls for regulation with "no end in sight."
Then there's the legal battlefield over the Colorado River and water in the West.
Brown explained that Wyoming faces a complex web of interstate water compacts and decrees that could impact the state as water becomes scarcer.
Ottman sought clarity about whether mounting litigation represents Wyoming's failure to comply with existing agreements or simply reflects other states' desire for more water.
"Is the litigation because we are not in compliance with the law or because they are wanting to challenge our rights to our water and they want more?" she asked.
Brown's response highlighted the complexity of the legal landscape facing Wyoming.
"The main focus, and the main thing that's really on the front burner right now, is the Colorado River Basin," Brown said. "I will tell the committee in my opinion we are in full compliance with our obligations under the 1922 compact and the 1948 compact, but also tell you that some of our downstream states may not agree with me."
The attorney emphasized that even if Wyoming is currently in compliance, the projections for continued drought mean the state will inevitably "hit some of the pinch points" where there are "differing opinions between Wyoming and the other upper basin states and the states in the lower basin of the Colorado River."
November Deadline
With a Nov. 11 deadline approaching for a framework consensus deal with the U.S. Secretary of the Interior, Wyoming is negotiating voluntary conservation programs, particularly in the Green River and Little Snake basins. The alternative, Brown warned, could be far worse.
"We are concerned that if we engage in involuntary curtailment or are forced to reduce our use, it will lead to permanent fallowing of irrigated agriculture," he said. "We think there are better options."
The pressure isn't limited to the Colorado River. Current litigation between Nebraska and Colorado on the South Platte River will increase strain on Wyoming's North Platte River commitments, while concerns in Utah over declining Great Salt Lake levels could impact upstream water supplies in the Bear River basin.
For Morey, the message to lawmakers was clear about the mounting pressures facing his agency and the state's water future.
"We are experiencing increased pressure from downstream states and the federal government, and it is straining and will continue to strain our rights and obligations under our compacts and decrees," he concluded. "The risks of litigation are ever increasing and will require more attention now and in the very near future."
David Madison can be reached at david@cowboystatedaily.com.
