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2004 Wyoming Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagwy0001 and id is 1 raw text is: Office of the Attorney General
Governor                               Administration            Chief Deputy Attomey General
Dave Freudenthal                      123 State Capitol                    Elizabeth C. Gagen
Cheyenne, Wyoming 82002
Attorney General                   307-777-7841 Telephone
PatrickJ. Crank                       307-777-6869 Fax
FORMAL OPINION NO. 2004-001
August 31, 2004
The Honorable Dave Freudenthal
Governor, State of Wyoming
Capitol Building
Cheyenne, Wyoming 82002
Re:   Request for opinion evaluating the legal basis for administering a call for
regulation to fill Pathfinder Reservoir during the irrigation season
Dear Governor Freudenthal:
For several years, Wyoming, Nebraska, Colorado, the United States Department of
the Interior, and representatives of water users and conservation organizations have been
negotiating options to address endangered species issues on the Platte River. One proposal
being considered is restoration of storage capacity in Pathfinder Reservoir. The proposal
is to restore 53,493 acre feet of storage space lost to sedimentation, with 33,493 acre feet of
the restored capacity allocated to endangered species recovery uses and 20,000 acre feet
allocated to Wyoming uses.
Wyomingranches above Pathfinder typicallyhave amixture of direct flow irrigation
rights both junior and senior to the Pathfinder priority date. Upper North Platte basin water
users have expressed concerns that the restoration of storage capacity creates an increased
demand for water from the upper North Platte River basin that will increase their exposure
to calls for regulation. In particular, the appropriators are concerned with regulation during
the irrigation season from May 1 through September 30 and the impact regulation could

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