CHAPTER FIVE TABLE OF CONTENTS - Wyoming State...

C H A P T E R F I V E T A B L E O F C O N T E N T S

P O T E N T I A L L I M I T A T I O N S T O F U T U R E W A T E R U S E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Introduction .....................................................................................................................................................................1 Water Availability ...........................................................................................................................................................1 Funding............................................................................................................................................................................1

Wyoming Water Development Commission............................................................................................................2 Wyoming Department of Environmental Quality ....................................................................................................2 U.S. Department of Agriculture Rural Development Programs...............................................................................3 National Resources Conservation Service................................................................................................................3

Public Involvement..........................................................................................................................................................3 Court Decrees ..................................................................................................................................................................4 Platte River Recovery Implementation Program.............................................................................................................4 Water Quality Issues........................................................................................................................................................4 Regulatory Issues ............................................................................................................................................................4

Wyoming Environmental Quality Act......................................................................................................................4 Endangered Species Act...........................................................................................................................................5 National Environmental Policy Act..........................................................................................................................5 Clean Water Act .......................................................................................................................................................6 Safe Drinking Water Act..........................................................................................................................................6

Conclusions .....................................................................................................................................................................7


F U T U R E W A T E R U S E O P P O R T U N I T I E S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Introduction .....................................................................................................................................................................7 Structural and Non-Structural Future Water Use Opportunities......................................................................................8 Future Water Use Opportunity Assessment Framework .................................................................................................8

Pertinent Water Use Sectors.....................................................................................................................................8 Water Availability ....................................................................................................................................................8 Technical Factors .....................................................................................................................................................8 Economic Factors.....................................................................................................................................................8 Environmental Factors .............................................................................................................................................9 Legal and Institutional Factors .................................................................................................................................9 Public Acceptance ....................................................................................................................................................9 Water Quality ...........................................................................................................................................................9 Ability to Satisfy Multiple Demands........................................................................................................................9

Basin Advisory Group (BAG) Comments.......................................................................................................................9 Development of a List of Future Platte River Basin Water Use Opportunities ........................................................9

WWDC Small Water Project Program............................................................................................................................11

B A S I N W A T E R Q U A L I T Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2

State and Federal Regulations .........................................................................................................................................13 Current Wyoming Water Quality Standards: Surface Water.........................................................................................13

Wyoming Stream Classification...............................................................................................................................13 Total Maximum Daily Loads ...................................................................................................................................13 National Pollutant Discharge Elimination System ...................................................................................................16 Beneficial Use Reconnaissance Program .................................................................................................................16

Platte River Basin Surface Water Quality .......................................................................................................................16 Selenium...................................................................................................................................................................16 Storm Water .............................................................................................................................................................17

Current Wyoming Water Quality Standards: Groundwater............................................................................................17 Aquifer Mapping ......................................................................................................................................................18 Nitrates .....................................................................................................................................................................18 Pesticides..................................................................................................................................................................18


Platte River Basin Conservation Districts .......................................................................................................................18 Wyoming Association of Conservation Districts .....................................................................................................19 Natural Resources Conservation Service .................................................................................................................19 Natrona County Conservation District .....................................................................................................................19 Converse County Conservation District ...................................................................................................................19 Niobrara Conservation District.................................................................................................................................19 Medicine Bow Conservation District .......................................................................................................................19 Laramie Rivers Conservation District ......................................................................................................................19 Platte County Resource District ...............................................................................................................................20 South Goshen Conservation District/North Platte Valley Conservation District/Lingle-Fort Laramie

Conservation District................................................................................................................................................20 Laramie County Conservation District.....................................................................................................................20

References: Future Water Use Opportunities .................................................................................................................20

C H A P T E R F I V E : F U T U R E W A T E R U S E O P P O R T U N I T I E S

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C H A P T E R F I V E :

F U T U R E W A T E R U S E O P P O R T U N I T I E S

P O T E N T I A L L I M I T A T I O N S T O F U T U R E W A T E R U S E I N T R O D U C T I O N

The purpose of this section is to identify and briefly describe issues that may potentially impact or restrict future water use opportunities in the Platte River Basin. These issues vary significantly in nature, ranging from broad issues such as financing and political concerns to more specific issues such as state and federal regulatory requirements.

W A T E R A V A I L A B I L I T Y

Water cannot be developed for beneficial use if it is not available for appropriation. In Wyoming, where water is a precious resource, water development for beneficial human use has and will continue to be based on both the physical availability of water and conformance with Wyoming laws and regulations governing the allocation and use of state water. Throughout Wyoming history, both successful and unsuccessful attempts to develop water resources have been undertaken in an environment of competing interests, litigation, U.S. Supreme Court decrees, and interstate agreements. Wyoming water law originated before statehood and is based on “the doctrine of prior appropriation.” Under this doctrine, the first person to get a permit from the Wyoming State Engineer’s Office (SEO) and to put water to beneficial use has the first right to use that water, meaning, “first in time is first in right.” As a result, water rights and water use are regulated in the state by priority. In addition, the Wyoming Constitution states that waters from “all natural streams, springs, lakes, and other collections is the property of the State.” The Wyoming State Engineer is the chief administrator of Wyoming water. Wyoming Water Law: A Summary is available from SEO in Cheyenne and at http://seo.state.wy.us/docs.aspx. A History of Water Law, Water Rights & Water Development in Wyoming, 1868-2002, which is significantly longer and more detailed than the SEO water law summary, is available from the Wyoming Water Development Commission (WWDC) office in Cheyenne and at http://wwdc.state.wy.us/waterlawhistory.html.

F U N D I N G

If water is physically and legally available for development, future water use opportunities in the Platte River Basin will be implemented only if funding is available for planning, designing, constructing, and/or operating any of a variety of water-oriented facilities and structures. Several major sources of funding for water projects in Wyoming are discussed below.

P L A T T E R I V E R B A S I N P R O J E C T

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W y o m i n g W a t e r D e v e l o p m e n t C o m m i s s i o n

WWDC, including a ten member appointed board and a professional staff, administers state funding of water development programs. WWDC administers: New water development programs, which are focused on development of unused and/or unappropriated water Rehabilitation programs, which are focused on improving existing water systems

Water resource planning programs, of which this Basin Plan is one component, utilize funding from either new water development or rehabilitation accounts. Projects begin with an application from a project sponsor. Applications are due by August 15th of each year and must include a $1,000 filing fee. WWDC provides funding for a variety water projects based on the following prioritized categories: Multipurpose programs Water storage projects New water supply projects New supply (conveyance) system projects Hydropower projects Purchase of existing storage projects Watershed improvement projects Recreation projects Drinking Water State Revolving Fund projects

WWDC provides a detailed description of application procedures, eligibility criteria, and related information for use by entities wishing to apply for WWDC water project funding. Detailed information regarding WWDC funding of Wyoming water development projects may be found at http://wwdc.state.wy.us/opcrit.

W y o m i n g D e p a r t m e n t o f E n v i r o n m e n t a l Q u a l i t y

Several types of funding for watershed management projects are available from the Wyoming Department of Environmental Quality (WDEQ), including: 205j Funds, named for Section 205j of the federal Clean Water Act, to establish water quality monitoring programs

when existing water quality data is inadequate to assess local water quality conditions 319 Funds, named for Section 319 of the federal Clean Water Act, to implement new non-point source pollution

water quality improvement projects or to evaluate the effectiveness of ongoing projects In addition, WDEQ administers the State Revolving Fund for publicly-owned drinking water, wastewater, stormwater, and non-point pollution remediation projects. Information regarding WDEQ watershed management programs is available at http://deq.state.wy.us/wqd/watershed, and information regarding the WDEQ State Revolving Fund program is available at http://deq.state.wy.us/wqd/srf/revolvingfunds.asp.


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U . S . D e p a r t m e n t o f A g r i c u l t u r e R u r a l D e v e l o p m e n t P r o g r a m s

The U.S. Department of Agriculture (USDA), with Platte River Basin offices in Torrington and Casper, administers several grant and loan programs for rural water projects, including: Water and waste disposal direct and guaranteed loans for development of water and waste disposal systems in rural

areas and small towns Water and waste disposal grants covering up to 75 percent of the costs of eligible rural water and waste disposal

projects Additional information regarding the USDA and its programs in Wyoming is available at http://www.rurdev.usda.gov/wy.

N a t i o n a l R e s o u r c e s C o n s e r v a t i o n S e r v i c e

The Natural Resources Conservation Service (NRCS), formerly the Soil Conservation Service of the USDA, administers a wide variety of programs that provide funding for water-related programs, including but not limited to the: Wildlife Habitat Incentives Program (WHIP) to improve

wildlife and fish habitat on private lands Wetlands Reserve Program to protect, restore, and enhance

wetlands on private lands Watershed Program to protect and restore watersheds from

damage caused by erosion and flooding and to conserve and develop water resources on a watershed basis

Information regarding the NRCS and the various funding and assistance programs that the agency administers is available at http://www.nrcs.usda.gov/programs.

P U B L I C I N V O L V E M E N T

Public involvement, public opinion, and political activity at all levels are important issues that have affected and will continue to affect the development and implementation of water policies and programs in Wyoming’s Platte River Basin. Government agencies and programs typically specify required opportunities for public input and involvement. For example, the “EIS Team” conducted public hearings regarding the Platte River Basin Draft Environmental Impact Statement (DEIS) in Saratoga, Casper, and Torrington, Wyoming; in Gering, Kearney, and Lincoln, Nebraska; and in Sterling, Berthoud, and Denver, Colorado during the months of July and August, 2004. Similarly, the WDEQ, Water Quality Division (WDEQ/WQD) web site includes a calendar of upcoming water-related public meetings and summaries of the topics to be discussed during those meetings (see http://deq.state.wy.us/wqd/events.asp).


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C O U R T D E C R E E S

Litigation and resultant court decrees have played a major role in allocation and use of Platte River Basin water resources. The 1945 North Platte Decree, the 2001 Modified North Platte Decree, and the Laramie River Decree are three major examples of court decrees that have significantly influenced water use in the Basin. These decrees are discussed in Technical Memorandum 2.1.2. of the Platte River Basin Plan.

P L A T T E R I V E R R E C O V E R Y I M P L E M E N T A T I O N P R O G R A M

The Platte River Recovery Implementation Program (PRRIP) is a proposed federal and state program that was initiated in 1997 with the signing of the Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitat Along the Central Platte River, Nebraska (Cooperative Agreement). The Cooperative Agreement is the framework for an ongoing river management process, including: Forming a Cooperative Agreement Governance Committee Developing a program to address endangered species issues in the Platte River Basin in central Nebraska Preparing a DEIS under the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 through 4370e

The PRRIP will impact water development activities in Wyoming’s Platte River Basin. The PRRIP is discussed in more detail in Technical Memorandum 2.5. of the Platte River Basin Plan.

W A T E R Q U A L I T Y I S S U E S

Beneficial use of water resources is often dependent on the water quality of the resource – the types and concentrations of various chemical, biological, and physical water constituents. Water quality issues and ongoing efforts to measure and improve water quality in the Platte River Basin are discussed in Technical Memorandum 5.3. of the Platte River Basin Plan.

R E G U L A T O R Y I S S U E S

Federal and state laws have been developed which could affect development of water resources in the Platte River Basin, in all of Wyoming, and throughout the United States. Major statutes pertaining to water resource development and use, not including Wyoming Statutes Annotated Title 41 which covers the authority of SEO and the WWDC, are summarized below.

W y o m i n g E n v i r o n m e n t a l Q u a l i t y A c t

The Wyoming Environmental Quality Act provides the legislative basis for the activities of the WDEQ. The WDEQ/WQD administers and enforces a wide variety of rules and regulations pertaining to water quality. These regulations are available from WDEQ/WQD Platte River Basin offices in Cheyenne or Casper or at http://deq.state.wy.us/wqd/WQDrules/index.asp.


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E n d a n g e r e d S p e c i e s A c t

The federal Endangered Species Act (ESA), 16 U.S.C. §§ 1531 through 1544, was adopted in 1973 based on the intent to protect plant and animal species that are believed to be on the “brink of extinction” by protecting ecosystems that are inhabited by such species. The ESA is administered primarily by the U.S. Fish and Wildlife Service of the U.S. Department of the Interior and by the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce. Under the ESA, plant and animal species may be listed as either “endangered” or “threatened” based on assessment of the imminent or foreseeable risk of extinction. The Act also required federal agencies to insure that any action authorized, funded, or carried out by the federal agencies are is not likely to jeopardize the continued existence of listed species or modify their critical habitats. Numerous laws and regulations amending and revising the ESA have been implemented since its original adoption in 1973. (http://laws.fws.gov/lawsdigest/esact.html)

N a t i o n a l E n v i r o n m e n t a l P o l i c y A c t

The federal NEPA, 42 U.S.C. §§ 4321 through 4370e, requires federal agencies to “integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions” and by doing so on the basis of a “systematic interdisciplinary approach.” To meet this requirement, federal agencies prepare or require preparation of Environmental Impact Statements (EISs) for a wide variety of projects in which the federal government is involved, including many water development projects and related activities such as coal bed natural gas (methane) production. In addition to defining the EIS process, NEPA established the federal Council on Environmental Quality (CEQ), which oversees NEPA and develops NEPA policies and programs. The NEPA process requires evaluation of the “environmental effects” of a federal project and assessment of alternative approaches to completing the project, including doing nothing. A project may not require a detailed environmental analysis if it meets criteria which have been determined by a federal agency to indicate that the project would not significantly impact the environment. If a project is anticipated to impact the environment, the first level of required analysis is preparation of an Environmental Assessment (EA). If the findings of the EA indicate that the project will not significantly impact the environment, the U.S. Environmental Protection Agency (USEPA) issues a Finding of No Significant Impact (FONSI) and no further federal environmental assessment is required. If an EA indicates potential project impacts to the environment, an EIS is required. An EIS is a more detailed evaluation of the project than is an EA and includes assessment of alternative approaches to completing the project. An EIS may be prepared without previous preparation of an EA if a pending project is considered likely to impact the environment. Additional information regarding NEPA is available at http://www.epa.gov/compliance/resources/faqs/nepa/index.html.


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C l e a n W a t e r A c t

The Federal Water Pollution Control Act was passed in 1972 and amended in 1977, when this law became known as the Clean Water Act (CWA), 33 U.S.C. §§ 1251 through 1387. The CWA “established the basic structure for regulating discharges of pollutants into the waters of the United States.” Administered and enforced by the USEPA and corresponding state environmental agencies, the CWA provides legislation pertaining solely to protection of surface water, but not to groundwater. CWA policies and programs have typically been adopted, sometimes enhanced, and enforced by state environmental agencies that are comparable to the WDEQ. Significant changes to the original 1977 CWA have included expanding regulatory focus from water chemistry to biological and physical properties and from point sources of potential water pollution to both point and non-point sources of pollution. (http://www.epa.gov/watertrain/cwa/rightindex.htm) CWA regulation of point source water pollution is administered in Wyoming through the Wyoming Pollutant Discharge Elimination System (WPDES). This permitting system provides site-specific discharge permits and criteria for municipal wastewater treatment plants, animal feeding operations, industrial and commercial wastewater treatment plants, stormwater discharges in larger municipalities, and erosion and sedimentation control at construction sites. Additional information regarding the various WPDES programs can be obtained at http://deq.state.wy.us/wqd.

S a f e D r i n k i n g W a t e r A c t

The federal Safe Drinking Water Act (SDWA), 42 U.S.C. §§ 300F through 300J-26, was originally passed in 1974 and is the major federal law that is intended to protect public health by regulating the quality of public drinking water supplies and systems in the United States. Administered by the USEPA and corresponding state environmental agencies, the original 1974 SDWA was amended in 1986 and 1996. Under the SDWA, USEPA has established and continues to develop health-based “primary” maximum contaminant levels (MCLs) for a wide variety of drinking water constituents. Public water supply systems are legally required to provide water in which primary constituent concentrations are below USEPA MCL concentrations. Primary constituents or contaminants include a variety of microorganisms, disinfectants, chemical by-products of water disinfection processes, inorganic chemicals, organic chemicals, and radionuclides. The SDWA also identifies “secondary” or cosmetic/aesthetic maximum contaminant levels. Secondary MCLs are not health-related or legally enforceable and include recommended MCLs for water constituents that may negatively impact water taste, odor, or color. In addition to regulating public drinking water supply constituents, the SDWA also regulates source water protection, water supply system operator training, funding for water system improvements, and required dissemination of public information regarding local public water supplies. SDWA regulations apply to about 160,000 public water supply systems in the United States. Additional information regarding the SDWA is available at http://www.epa.gov/safewater/index.html.


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C O N C L U S I O N S

Future development and use of water in Wyoming’s Platte River Basin may be limited or otherwise impacted by a variety of factors, including: Water availability: Future Basin water development and use will be based on both the physical availability of

water and the legal right to utilize water under Wyoming’s doctrine of prior appropriation for a planned beneficial use.

Funding: Water development and use typically requires financial expenditure to determine the physical availability of water, to obtain the legal right to develop water, and to design and construct the infrastructure required to beneficially use the water. A number of agencies and programs provide funding for water projects, including the WWDC, WDEQ, U.S. Department of Agriculture Rural Development Program, and NRCS of the U.S. Department of Agriculture.

Public involvement: Public involvement has impacted and will continue to impact future Basin water development as people holding differing views on the allocation of limited Basin water resources participate in hearings and other components of the decision-making process regarding future Basin water development and use.

Court decrees: Development and use of Platte River Basin water has been; as seen in the provisions of the 1945 North Platte Decree, the 2001 Modified North Platte Decree, and the Laramie River Decree; and may continue to be the basis for a significant amount of litigation, arbitration, and/or the issuing of decrees that directly affect Basin water development and use.

Platte River Recovery Implementation Program (PRRIP): This ongoing federal and state program, which has been developed as part of the 1997 Cooperative Agreement for Platte River Research and Other Efforts Relating to Endangered Species Habitat Along the Central Platte River, Nebraska, will impact future Basin water use and development.

Water quality: Successful beneficial use of water for many purposes is directly related to the quality of available water; the quality of available water will certainly impact future Basin water development and use.

Regulatory issues: Federal and state regulations are enforced to manage and control water development and use via regulations pertaining to design, construction, and operation of water-use facilities; the federal ESA; the NEPA; the federal CWA, and the federal SDWA.

F U T U R E W A T E R U S E O P P O R T U N I T I E S I N T R O D U C T I O N

The purpose of this section is to identify and describe future water use opportunities that may be implemented to satisfy present and future water demand in Wyoming’s Platte River Basin. The list of opportunities that is discussed in this section is intended to be used by individuals and organizations as a basis for considering potential new or expanded Basin water supplies. Differing positions have been taken by individuals and organizations regarding some of the Platte River Basin future water use opportunities that are discussed in this section. It is the purpose of this section to present those positions but not to assess the value or validity of those positions.


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S T R U C T U R A L A N D N O N - S T R U C T U R A L F U T U R E W A T E R U S E O P P O R T U N I T I E S

The future water use opportunities that were evaluated are categorized as being either structural or non-structural. Structural future water use opportunities are those that include, but are not limited to, new storage reservoirs, conveyance system upgrades, water distribution enhancements, groundwater development, aquifer storage and recovery projects, in-basin water transfer components, and transbasin diversions. Non-structural future water use opportunities are those that include, but are not limited to, local and Basin-wide conservation and management, modified reservoir operations, municipal water conservation, improved agricultural water use efficiencies, water right transfers and exchanges, water banking, and conjunctive use options.

F U T U R E W A T E R U S E O P P O R T U N I T Y A S S E S S M E N T F R A M E W O R K

Potential future Platte River Basin water use opportunities may be assessed on the basis of a variety of considerations. The following factors were considered during BAG discussions regarding further water use opportunities.

P e r t i n e n t W a t e r U s e S e c t o r s

Platte River Basin water use sectors that are identified and considered in this section include agricultural, municipal/domestic, industrial, recreational, and environmental sectors. Each future water use opportunity may benefit some Basin water use sectors more than others.

W a t e r A v a i l a b i l i t y

Water availability relates to the viability of the proposed future water use opportunity in terms of the physical availability of water to support the opportunity in question. In the case of groundwater, it relates to the ability of an aquifer to yield anticipated demand.

T e c h n i c a l F a c t o r s

Technical factors relate to the physical aspects of implementing a water use opportunity. Bringing some opportunities to fruition, particularly structural opportunities, will require engineering design, construction, and maintenance; while others may be implemented by means of a governmental or institutional process.

E c o n o m i c F a c t o r s

Economic factors include planning, construction, and operational costs required for and economic returns derived from possible future water use opportunities as well as the ability to afford implementing a future water use opportunity or to meet funding source requirements.


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E n v i r o n m e n t a l F a c t o r s

Environmental factors include the potential impacts a proposed future water use opportunity may have on the environment and the potential impacts that regulatory permitting may have on implementation of a future water use opportunity.

L e g a l a n d I n s t i t u t i o n a l F a c t o r s

Legal and institutional factors pertain to the relationship among public policies, private positions, potential litigation, and future water use opportunities. These factors also relate to the perceived ease or difficulty with which a future water use project could be authorized and permitted under existing state and federal laws and regulations. Some future water use opportunities may have significant legal or institutional implications.

P u b l i c A c c e p t a n c e

Public acceptance relates to the nature and extent of public support for or opposition to a future water use opportunity.

W a t e r Q u a l i t y

Water quality relates to the potential for a future water use opportunity to impact water quality or to encounter water quality issues during or after implementation.

A b i l i t y t o S a t i s f y M u l t i p l e D e m a n d s

Ability to satisfy multiple demands relates to the potential a future water use opportunity has for providing beneficial use to more than one water demand sector, such as both the municipal and industrial water use sectors.

B A S I N A D V I S O R Y G R O U P ( B A G ) C O M M E N T S

Platte River Basin Advisory Group (BAG) members were given the opportunity to comment on and expand the initial draft list of Platte River Basin future water use opportunities that was presented during the February 8, 2005 Platte River Basin BAG meeting in Casper. Summaries of BAG comments are presented for each future water use opportunity that is discussed. The BAG comments and the other nine considerations associated with each opportunity may be found in Technical Memorandums 5.1, Issues Affecting Future Water Use Opportunities and 5.2, Future Water Use Opportunities. .

D e v e l o p m e n t o f a L i s t o f F u t u r e P l a t t e R i v e r B a s i n W a t e r U s e O p p o r t u n i t i e s

The first draft long list of future Platte River Basin water use opportunities was developed by: Reviewing Platte River Basin Water Plan technical memoranda and noting potential future Basin water use

opportunities that were identified in the memoranda Reviewing previous Basin Plan lists of future water use opportunities to determine which opportunities that had

been identified for other basins may be applicable to the Platte River Basin


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Obtaining input regarding potential long list items from the WWDC A literature review Reviewing, following the recommendation of a Basin Plan BAG member, the Integrated Regional Water

Management Grant Program Guidelines that were published by the State of California in November 2004 (State of California, 2004)

The first draft long list of potential future Platte River Basin water use opportunities was prepared and submitted to the WWDC for review and comment. Following receipt of WWDC comments, a draft short list of future Platte River Basin water use opportunities was prepared. The short list was presented to the Platte River BAG during the regular February 8, 2005 BAG meeting. The short list, which was not ordered on the basis of priorities or relative importance, that was presented to the BAG included: 1. Drought response planning 2. Weather modification – cloud seeding 3. Transbasin diversions 4. Groundwater augmentation – non-hydrologically connected to North Platte River surface water 5. Water conservation 6. Water right transfers 7. Upper Laramie River storage opportunities 8. Snow fences 9. Stormwater capture, storage, treatment, and management 10. Irrigation with treated municipal wastewater or grey water 11. Municipal irrigation using untreated water 12. Enhancement of recreational use of water resources 13. Modification of Pathfinder Dam and Reservoir 14. Improvement of agricultural irrigation systems and control efficiencies 15. Coal bed natural gas (methane) 16. Increasing runoff from national forests based on modified U.S. Forest Service policies and practices 17. Water exchange/banking 18. Multipurpose flood control programs During and after the February 8, 2005 BAG meeting, attendees suggested adding the following items to the list of future Platte River Basin water use opportunities: 19. Regionalization of public water supply systems 20. Utilization of the WWDC’s small water project program 21. Co-production of electricity and hydrogen at Basin hydropower generating facilities On February 16, 2005, the WWDC transmitted a letter to BAG members that included the revised draft list of future water use opportunities shown above and requested BAG input regarding revision or expansion of the proposed list. This letter was transmitted to all Platte River Basin Water Plan BAG members who had attended and registered their


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attendance at any previous Platte River Basin Plan BAG meeting. Responses to the February 16 WWDC transmittal were received from the Wyoming Farm Bureau Federation and from one Albany County rancher. A suggested additional future water use opportunity was subsequently received from another BAG member. BAG comments are noted in the discussion of Platte River Basin future water use opportunities that is available in Technical Memorandum 5.2, Future Water Use Opportunities. Following receipt of WWDC and BAG comments regarding the list of future Platte River Basin water use opportunities, the list was reorganized and is provided below organized on the basis of structural and non-structural water use opportunities. Structural future water use opportunities include: Groundwater augmentation – non-hydrologically connected to North Platte River surface water Upper Laramie River storage opportunities Transbasin diversions Snow fence Stormwater capture, storage, treatment, and management; irrigation with treated municipal wastewater; grey water

irrigation; and municipal irrigation using untreated water Modification of Pathfinder Dam and Reservoir Coal bed natural gas (methane) Regionalization of public water supply systems Co-production of electricity and hydrogen from existing hydropower facilities Improving agricultural irrigation system efficiencies

Non-structural future water use opportunities include: Drought response planning Weather modification Water conservation Water right transfers Enhancing recreational use of water resources Increasing runoff from national forests based on modified U.S. Forest Service policies and practices Water exchange/banking Multi-purpose flood control programs Utilization of WWDC’s small water project program

W W D C S M A L L W A T E R P R O J E C T P R O G R A M

The WWDC Small Water Project Program (SWPP) is intended to address small water improvement projects that fall outside the WWDC’s water development program criteria. The SWPP is compatible with and complements the regular WWDC water resources support program as well as comparable programs that are administered by other local, state, and federal agencies. The WWDC defines small water projects as:


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Projects that provide multiple benefits and have total estimated costs of not more than $100,000 Projects for which the maximum WWDC contribution is 50 percent of all project costs or $25,000, whichever is

less Information and application forms associated with the WWDC SWPP are available from the WWDC or from the WWDC Internet site at http://wwdc.state.wy.us/smallwaterproj/smallwaterproj.html. Various water projects are eligible for WWDC SWPP funding, including stock pond, well, and pipeline projects that serve both wildlife and livestock, and irrigation conveyance projects that provide documented public benefits as described in a watershed plan. The WWDC gives priority to projects which “provide benefit for wildlife, livestock, the environment and the recreational community that are supported by state and federal natural resource management agencies and related scientific/technical agencies.” (WWDC, 2004b) The WWDC seeks, through the SWPP, to work closely with other land management agencies to support partnering of agencies “for the benefit of the people of Wyoming.” WWDC SWPP documentation describes eligible applicants for this funding, including conservation districts, irrigation districts, and municipalities. This documentation also provides application forms and describes the application evaluation process. The Wyoming Farm Bureau Federation strongly supported use of the WWDC SWPP to address future water demand issues in the Platte River Basin. (Wyoming Farm Bureau Federation, 2005) The responding Albany County rancher stated his opinion that the WWDC has “done a good job and should continue.” (Engen, 2005)

B A S I N W A T E R Q U A L I T Y Platte River Basin-wide opportunities may serve to enhance or protect water quality. To this end, an effort was undertaken to identify and describe ongoing watershed management planning by various entities, to define potential opportunities for cooperation and coordination among these efforts, and to identify areas within the Basin where water quality issues are currently under consideration. Unlike other components of this Basin Plan, assessment of Basin water quality issues was not organized on the basis of the seven subbasins within Wyoming’s Platte River Basin. Measurements of various properties are used to determine the quality of water, including physical, chemical, radiological, biological, and bacteriological properties. Potential uses of water sources are often determined by the concentrations of a range of elements within the water – i.e., by the quality of the water. Both natural processes and human activities can affect water quality. The success of many water development projects is often dependent on the ability of the water to meet the water quality requirements of the proposed use(s). In addition, water development projects must be completed such that existing and potential uses of waters of the State are maintained and interstate salinity standards are met.


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S T A T E A N D F E D E R A L R E G U L A T I O N S

The Environmental Quality Act was passed by the State of Wyoming in 1973 based on the concern that pollution “will imperil public health and welfare, create public and private nuisances, be harmful to wildlife, fish and aquatic life, and impair domestic, agricultural, industrial, recreational, and other beneficial uses.” The declared policy of the law was to enable the State:

to prevent, reduce and eliminate pollution; to preserve and enhance the water and reclaim the land of Wyoming; to plan development, use, reclamation, preservation and enhancement of the air, land, and water resources of the state; to preserve and exercise the primary responsibilities and rights of the State of Wyoming; to secure cooperation between agencies of the state, agencies of the other states, interstate agencies, and federal government in carrying out these objectives. (Environmental Quality Act, 35-11-102)

The designated Wyoming state agency for administration of water quality management is the WDEQ/WQD. A large number of water quality protection programs have been developed by the WQD. Technical Memorandum 5.3, Water Quality Issues provides additional information regarding state and federal water quality programs. The majority of federal water quality programs allow the individual states to obtain primacy for administration of these programs. Primacy, or primary enforcement responsibility, may be obtained by state and tribal agencies as a result of the state or tribe meeting specified USEPA requirements. A key USEPA requirement for a state acquiring primacy is development and enforcement by state agencies of regulations that are no less stringent than corresponding federal regulations.

C U R R E N T W Y O M I N G W A T E R Q U A L I T Y S T A N D A R D S : S U R F A C E W A T E R

W y o m i n g S t r e a m C l a s s i f i c a t i o n

The WDEQ/WQD has developed and implemented surface water quality standards on the basis of Wyoming’s Environmental Quality Act. These standards are located in Chapter 1 of Wyoming Water Quality Rules and Regulations, which was updated in 2001. Numerical and narrative water quality standards are contained in Chapter 1. These standards are used to establish effluent limitations for permitted point and non-point discharges of water.

T o t a l M a x i m u m D a i l y L o a d s

Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant that a body of water can receive and still meet applicable water quality standards. Section 305(b) of the federal Clean Water Act requires states to prepare a report describing the water quality of all “navigable waters” within the state. Each state must prepare and submit this report to the U.S. Environmental Protection Agency once every two years. The WDEQ/WQD prepares a 305(b) Water Quality Assessment Report every two years to meet this requirement. Included in the biennial report is a list of streams, called a 303(d) list in reference to Section 303(d) of the Clean Water Act, that are “impaired or


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threatened from meeting assigned beneficial uses” (WDEQ/WQD, 2004). The 303(d) list is prioritized and the biennial water quality assessment report includes plans to restore listed water bodies to beneficial uses. Appendix 5.3.A of Platte River Basin Plan Technical Memorandum 5.3 contains the portion of the 2004 Wyoming State Water Quality Assessment Report that describes water bodies and water quality issues in the Platte River Basin. TMDL implementation tools vary and include: National Pollutant Discharge Elimination System (NPDES) permits; Wyoming Pollutant Discharge Elimination System (WYPDES) permits; other federal laws and requirements; state and local laws and ordinances; and individual voluntary-based actions. These regulations apply to point sources of potential pollution, such as municipal wastewater treatment plant treated wastewater outfalls, and non-point sources of pollution. The quality of discharged water at point sources is required to meet specific regulatory standards. Non-point sources of pollution, such as runoff containing agricultural fertilizers or waste products, are typically regulated on the basis of best management practices (BMPs). BMPs are methods that have been determined to be the most effective and practical means of preventing or reducing non-point source pollution. Examples of BMPs include retention/detention ponds, vegetation coverage, conservation tillage, and shoreline stabilization. The most current Wyoming 303(d) list for water bodies in the Platte River Basin, which is part of the 2004 Wyoming 303(d) list supplied by WDEQ, is summarized in Table 5-1 and in Technical Memorandum 5.3, Water Quality Issues.


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Table 5-1. 2004 303(d) Waterbodies with water quality impairments, North Platte and South Platte River Basins

Name Class Location Cause of

Impairment Sources Information

Sources Uses

Impaired Date

Listed Priority Crooks Creek

2AB From SW NE S18 T28N R92W undetermined distance downstream.

Oil Deposits Undetermined DEQ-WQD Cold Fish, Aquatic Life

1998 H

Casper Creek

2AB In Kendrick Reclamation Project below Casper Canal.

Selenium Non-point Natural USFWS, USGS

Cold fish, Aquatic Life, Wildlife

2000 L

Goose Lake

3B In Kendrick Reclamation Project.


Aquatic Life, Wildlife

2000 L

Illco Pond 3B S13 T35N R81W Selenium Non-point Natural USFWS, USGS

Non-game Fish, Aquatic Life, Wildlife

2000 L

North Platte River

2AB Exceedences measured at Casper. Impairment extends undetermined distance upstream and downstream.

Selenium Non-point Natural Undetermined.

DEQ, USFWS, USGS 6645000

Cold fish, Aquatic Life, Wildlife

1998 L

Oregon Trail Drain




2000 L

Poison Spider Creek

2AB, 2C and 3B

In and above Kendrick Reclamation Project.



2000 L

Poison Spring Creek

3B In Kendrick Reclamation Project below Casper Canal.


Aquatic Life, Fish, Wildlife

2000 L

Rasmus Lee Lake




2000 L

Thirtythree Mile Reservoir

3B On South Fork Casper Creek in Kendrick Reclamation Project.



2000 L

Rock Creek

2C Above Town of Wheatland

Fecal Coliform

Undetermined DEQ Contact Recreation

2002 L

Wheatland Creek

2C Impairment undetermined distance above and below Hwy 320.

Fecal Coliform

Undetermined DEQ Contact Recreation

2002 L

Crow Creek

2AB, 2C

Impairment undetermined distance above and below Cheyenne.

Ammonia Point Undetermined

USGS 6756060

Fisheries, Aquatic Life

1996 L

Crow Creek

2AB, 2C

Impairment undetermined distance above and below Cheyenne.

Fecal Coliform

Non-point Undetermined

DEQ Contact Recreation

1996 L

Middle Crow Creek

2AB Exceedences measured at FS Road 700.

Fecal Coliform

Non-point Undetermined


2004 L

North Branch North Fork Crow Creek

2AB Exceedences measured at FS Road 701.

Fecal Coliform

Non-point Undeterm.


2004 L

Source: Wyoming's 2004 305(b) State Water Quality Assessment Report and 2004 303(d) List of Waters Requiring TMDLs.


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N a t i o n a l P o l l u t a n t D i s c h a r g e E l i m i n a t i o n S y s t e m

The federal Clean Water Act provides that the discharge of any pollutant from a point source into surface waters of the United States must be regulated under the federal NPDES. Through this program, operators of a point source discharge, such as a wastewater treatment plant, are required to obtain and operate the facility on the basis of the requirements in a site-specific NPDES discharge permit. These permits contain limitations and conditions pertaining to specific constituents of discharged water that are intended to assure that state surface water quality standards are protected. In Wyoming, the federal NPDES program has been renamed the Wyoming Pollutant Discharge Elimination System (WYPDES) and is described in Chapter 2 of the Wyoming Water Quality Rules and Regulations. (WDEQ, 2004)

B e n e f i c i a l U s e R e c o n n a i s s a n c e P r o g r a m

Surface water monitoring in Wyoming has recently been increased by WDEQ due to 1999 amendments to the federal Environmental Quality Act under W.S. 35-11-103(c) and 302(b), which focus on “credible data.” The Beneficial Use Reconnaissance Program (BURP), which was developed in 1993 by the State of Wyoming, has been generating stream water quality data in Wyoming since program inception. The purpose of BURP is to assess waters around the state that may be impaired. BURP is based on a local voluntary system. If a stream is determined to be impaired, BURP works with the local conservation district to install BMPs to improve water quality and to provide follow-up water quality monitoring at the affected stream. BURP may also work with local conservation districts to develop watershed plans.

P L A T T E R I V E R B A S I N S U R F A C E W A T E R Q U A L I T Y

This section describes significant surface water quality issues that are currently impacting Wyoming’s Platte River Basin.

S e l e n i u m

Selenium (Se) is a naturally-occurring element that is found in rocks and other natural substances. Selenium is a “micronutrient” that is “required in very small amounts by animals and humans for the basic functions of life” but which “quickly becomes toxic in higher levels and is five times more poisonous than arsenic.” Selenium may be absorbed by an organism at a higher rate than it is eliminated by the organism. (Natrona County Conservation District (NCCD), 2005) Selenium contamination has become a serious concern within the Kendrick Reclamation Project area in the Pathfinder to Guernsey subbasin. In late 1985, the United States Department of Interior implemented a program to “identify the nature and extent of water-quality problems induced by irrigation drainage that might exist in the western states.” The Kendrick Irrigation Project was identified as at risk due to selenium contamination. The Kendrick Reclamation Project area in Wyoming was identified in 1986 by the U.S. Department of Interior as one of the locations where reconnaissance investigations would be performed. (Kendrick Watershed Project, 2005) The National Irrigation Water


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Quality Program (NIWQP) “considers drainwater contamination and related impacts to endangered species and/or migratory birds; assesses legal responsibilities that are associated with environmental laws; and develops and implements alternatives for remediation.” Investigations were performed by the NIWQP in the Kendrick Project’s Casper-Alcova Irrigation District in 1986 and 1987. Elevated levels of selenium were detected in water, sediment, and biological samples taken in and adjacent to the irrigation district. Concurrently with preparation of this Basin Plan, the NCCD prepared and released for public comment a draft Kendrick Watershed Plan. The primary goal of this draft watershed plan is to “improve the water quality in the surface waters within the Kendrick watershed so that they meet the designated uses for those water bodies.” (Draft Kendrick Watershed Plan, 2005). The Kendrick Watershed is bounded by the North Platte River. In 1998, the North Platte River was placed on the WDEQ 303(d) list of impaired water bodies. Selenium was listed as the constituent causing the impairment of the river for cold water fisheries, aquatic life, and wildlife beneficial uses. In 2000, tributary streams located within the Kendrick watershed were also placed on the WDEQ 303(d) list, leading to preparation of the draft Kendrick Watershed Plan. The draft Kendrick Watershed Plan (NCCD, 2005) notes that the “selenium issue is complex” and that “other activities” have been ongoing in the watershed which have had “a positive effect on the level of selenium concentrations in both surface and groundwater.” The Casper-Alcova Irrigation District has been enclosing laterals and lining canals as funds have become available. Rural landowners in the watershed have also been converting from flood to sprinkler and side-roll irrigation to reduce “deep percolation” of irrigation water into local groundwater. The draft Kendrick Watershed Plan (NCCD, 2005) also addresses proposed water conservation practices that will “have a positive influence on anthropogenic (human influenced) sources of selenium contributions to the surface waters of the Kendrick watershed” as well as potential funding sources to implement water conservation practices.

S t o r m W a t e r

Storm water runoff from urban environments can contribute a myriad of contaminants to local waterways. Phase I storm water regulations affected construction projects in the Platte River Basin but had no impact on Basin municipalities. Current stormwater Phase II regulations require that communities with populations greater than 50,000 residents (including Casper and Cheyenne in Wyoming’s Platte River Basin) obtain general storm water permits for management of storm water releases.

C U R R E N T W Y O M I N G W A T E R Q U A L I T Y S T A N D A R D S : G R O U N D W A T E R

In 1980, the WDEQ/WQD developed and implemented groundwater quality standards, which are described in Chapter 8 of the Wyoming Water Quality Rules and Regulations. (WDEQ, 2005) These regulations contain narrative and numerical standards used to classify groundwater of the State, provide criteria to determine acceptable constituent concentrations in groundwater discharges, and provide a basis for determining the degree of groundwater cleanup necessary to restore polluted groundwater to pre-contamination use. The WDEQ/WQD uses a two-tiered groundwater


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classification system. The first tier requires protection of existing uses regardless of water quality considerations. The second tier requires protection of all potential uses based on ambient groundwater quality. Unlike surface water standards, groundwater classification is invoked only when a groundwater discharge to the surface has occurred or is proposed.

A q u i f e r M a p p i n g

An aquifer mapping effort was completed in 1998 by the University of Wyoming and WDEQ to identify areas in the State where groundwater resources are most sensitive to potential polution from surface land use activities. (Hamerlinck and Arneson, 1999) A later project by the University of Wyoming and WDEQ was conducted to identify and prioritize major aquifers for baseline groundwater quality monitoring. For the study, “major aquifers would be those that are regionally extensive and have the potential for the development of substantial quantities of water.” (Bedessem et al., 2005) The mapping was completed to determine a baseline groundwater quality monitoring program that uses financial resources most effectively. Aquifer sensitivity maps are included in Technical Memorandum 5.6.

N i t r a t e s

Studies have been performed in the Basin by various agencies to evaluate the amounts of nitrate in soil and water. A monitoring program was conducted near Torrington from 1994 to 1998 to determine the nitrate concentration in local groundwater. The data from this indicated that the source of nitrate in groundwater in the vicinity of Torrington was most likely from organic soil nitrogen, ammonium, or nitrate fertilizer.

P e s t i c i d e s

The U.S. Geological Survey (USGS) has been involved in a groundwater monitoring program for pesticides in Wyoming since 1995 “to determine if pesticides are present in groundwater” (USGS website). The program is operated in accordance with the Wyoming Generic State Management Plan for Pesticides in Ground Water (SMP), which was prepared by the USEPA in cooperation with representatives from state and federal agencies and others. The USGS has prioritized each Wyoming county based on potential pesticide contamination of groundwater and based upon “land use, pesticide sales, and known detections of pesticides in the ground water.” Maps were then created based on county prioritization, and groundwater sampling was begun in the most vulnerable areas. Studies have been completed for most of the counties in the Platte River Basin, and USGS fact sheets have been prepared for Sweetwater, Fremont, Natrona, Goshen, Platte, and Laramie Counties in Wyoming’s Platte River Basin and are in progress for Converse and Albany Counties. Baseline groundwater sampling was started in 2004 in Carbon County, and sampling has not yet started in Niobrara County.

P L A T T E R I V E R B A S I N C O N S E R V A T I O N D I S T R I C T S

This section provides a brief summary of ongoing water quality monitoring and remediation efforts by conservation districts that are located within Wyoming’s Platte River Basin. Platte River Basin conservation district boundaries are shown on Figure 5-1.


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W y o m i n g A s s o c i a t i o n o f C o n s e r v a t i o n D i s t r i c t s

The Wyoming Association of Conservation Districts (WACD), which is associated with the federal NRCS, works with agencies at the federal, state, and local levels to address water quality concerns in Wyoming. The WACD works closely with the WDEQ to address Wyoming’s non-point source water quality concerns at the local level. A priority for these agencies is to attempt to ensure that the people who are most impacted by WDEQ stream listings and water quality monitoring activities have a chance to be involved in the remediation of local water quality issues and concerns. The WACD assists local conservation districts in implementing voluntary and incentive-based approaches to improving water quality. The WACD also keeps conservation districts informed regarding policy issues at the state and federal levels and provides water quality training, grant application assistance, leadership for technical writing, and facilitation for watershed planning.

N a t u r a l R e s o u r c e s C o n s e r v a t i o n S e r v i c e

The federal NRCS is dedicated to providing private landowners with opportunities to improve natural resources on their lands. Wyoming conservation districts are the links between the WDEQ, NRCS, and local landowners. NRCS provides many cost-share opportunities to help landowners implement water quality management practices. (Miyamoto, 2005)

N a t r o n a C o u n t y C o n s e r v a t i o n D i s t r i c t

The NCCD is currently working as a partner in the selenium investigation involving the Kendrick Project.

C o n v e r s e C o u n t y C o n s e r v a t i o n D i s t r i c t

The district is developing a sample analysis plan for the North Platte River which will provide an overview of sampling guidelines. The district also provides county residents a well water testing program for nitrates and bacteria.

N i o b r a r a C o n s e r v a t i o n D i s t r i c t

This conservation district is not currently active in the Platte River Basin.

M e d i c i n e B o w C o n s e r v a t i o n D i s t r i c t

The district is not involved in watershed planning at this time. The district is collecting samples for sediment load analysis and will start baseline sampling for water-borne E. coli bacteria during spring 2005.

L a r a m i e R i v e r s C o n s e r v a t i o n D i s t r i c t

The Laramie Rivers Conservation District is involved in intensive water quality sampling on the Laramie and Little Laramie Rivers. Samples are collected at 11 sites during spring runoff in June and again in October during base flow conditions. District activities also include educational outreach. The Laramie Rivers Conservation District is working


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in collaboration with the Laramie County Conservation District to amend the Upper Crow Creek Watershed Plan.

P l a t t e C o u n t y R e s o u r c e D i s t r i c t

The priority water quality projects for the PCRD are Chugwater Creek and Rock Creek, both of which are listed in WDEQ’s 303(d) list. The district is anticipating writing a watershed plan for Rock Creek to address fecal coliform issues. A watershed plan is currently in progress for Chugwater Creek to address habitat degradation. The district performs county-wide water quality monitoring on Chugwater Creek, Rock Creek, Laramie River, North Laramie River, Sybille Creek, and Horseshoe Creek.

S o u t h G o s h e n C o n s e r v a t i o n D i s t r i c t / N o r t h P l a t t e V a l l e y C o n s e r v a t i o n D i s t r i c t / L i n g l e - F o r t

L a r a m i e C o n s e r v a t i o n D i s t r i c t

These districts are currently in the process of reclassifying some streams in Goshen County and have been monitoring water quality in selected wells for approximately 10 years. The districts are currently working with the City of Torrington, Eastern Wyoming College, the USGS, and the BLM to address water quality issues within their boundaries.

L a r a m i e C o u n t y C o n s e r v a t i o n D i s t r i c t

The Laramie County Conservation District (LCCD) completed the Crow Creek Watershed Plan in March 2004. Shortly after the Plan was approved by the WDEQ, the 2004 303(d) listings were published and two new streams that are located within the district were listed: Middle Fork Crow Creek and North Branch North Fork Crow Creek. LCCD is collaborating with the Laramie Rivers Conservation District in preparing an amendment to the Crow Creek Watershed Plan that will address water quality issues in the Upper Crow Creek Watershed.

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FIGURES

CHAPTER FIVE: FUTURE WATER USE OPPORTUNITIES

Natrona County Conservation District

Laramie County Conservation District

Popo Agie Conservation District

Converse CountyConservation District

Laramie RiversConservation District

Platte CountyResource District

Medicine BowConservation District

Saratoga-Encampment-Rawlins

Conservation District

South GoshenConservation District

Lingle-Ft. LaramieConservation

District

North Platte ValleyConservation District

Niobrara Conservation District

9 0 94.5 Miles

Figure 5-1

Platte River Basin Water PlanConservation Districts

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