The Joint Agriculture Committee advanced Senate File 43 after adopting amendments that extend the duration of temporary water-use agreements and remove language that would have given different shut-off timing for junior water rights.

Brandon Gelbart, the state engineer, and Chris Brown from the attorney general’s office briefed the committee on how temporary water-use agreements work and how the proposed changes will operate on the ground. Gelbart said the bill makes several substantive changes: it broadens the statute’s title to remove a perceived limitation to highway or railroad construction, extends the maximum term for a single temporary agreement from two years to five years, and allows one extension so an agreement may last up to 10 years if reapplied for or extended under the same place and purpose.

Gelbart explained the bill’s approach to priority: under current practice, if a senior right makes a demand, the hydrographer shuts off the temporary use and then investigates whether shutting it off benefits the senior right. The proposed change modifies the timing for demands by junior rights so that the hydrographer has two days to investigate whether shut-off would improve delivery to the junior claimant; if it would, the temporary diversion would be shut off. “If it is not, then it could remain on, but the real change is just the timing of that investigation,” Gelbart said.

Several committee members and public stakeholders expressed concern about that timing and urged equal treatment for junior and senior users. Senator Crago proposed—and the committee later approved—an amendment that struck the language differentiating junior and senior rights, leaving the existing regulation procedure intact and applying it uniformly. Senator Eyde and others backed treating junior and senior users the same during regulation requests.

Public witnesses included representatives of farm and conservation groups. Brett Moline of the Wyoming Farm Bureau and Holly Kennedy of the Wyoming Association of Conservation Districts said they appreciated the bill’s changes but warned that a total of 10 years may be too long for a “temporary” transfer and that landscape and hydrologic impacts can accrue if water is removed from land for long periods. Keith Kennedy of the Wyoming Association of Irrigation Districts and Jim McGavin of the Wyoming Stockgrowers Association recommended additional guardrails and discussed ideas that had been raised in interim work—such as requiring a period of reversion to permanent use before a new temporary transfer for a different purpose is allowed—but acknowledged drafting complexities.

Committee members also discussed interstate compact and decree issues. Chris Brown noted that some compacts or decrees treat pre-compact rights differently from post-compact rights; he said applicants seeking certainty sometimes seek rights with older priority dates because those are more protected from interstate curtailment.

After discussion and amendments, the committee voted on a roll call to advance SF43 as amended. Senators Crago, Eyde, McEwen, Pearson and Chairman French recorded aye votes; the clerk announced five ayes and the bill advanced from committee.

The committee did not adopt a final cap that would prevent repeated reapplications after the 10-year period; several stakeholders urged further study or future legislative refinement to prevent long-term dewatering of agricultural lands.