Senate removes in‑stream flow language from SF43 after attorney general opinion

Senators approved a second‑reading amendment to Senate File 43 that strikes language suggesting temporary water‑use agreements could be used to secure in‑stream flow water rights.

Sponsor Senator Hicks pointed members to an attorney general's written opinion distributed with the amendment. The memo states that Wyoming law reserves in‑stream flow water rights to the State of Wyoming and that a temporary change‑of‑use permit does not authorize an in‑stream flow purpose; permitting a temporary on‑and‑off approach would defeat the statutory purpose of creating a permanent priority to protect aquatic habitat.

During floor debate, Senator Crego asked whether the amendment could prevent the State itself from using temporary agreements for in‑stream flow purposes; Senator Hicks and the sponsor replied that a temporary change of use is inherently inconsistent with the in‑stream flow law and that the state could not validly pursue an in‑stream flow by using a temporary change in place of a permanent appropriation.

Senators questioned procedure briefly when the amendment discussion began before the amendment was formally read into the record; the chair and sponsor read the amendment before proceeding. After debate, the amendment carried on a voice vote. The amendment was described on the floor as consistent with existing Title 41 (Wyoming water laws) and the attorney general's opinion provided to the chamber.