BOARD00167 ‎(2)‎

• Board Meeting Date: 5/22/2007
• Description: WSP Section - Platte River Recovery Updates
• Board Meetings - Doc Type: Memo

DAVE FREUDENTHAL
GOVERNOR

THE STATE ~

Office of the Governor

Honorable Craig Thomas
United States Senate
307 Dirksen Senate Office Building
'vVashington, DC 20510

Honorable Barbara Cubin
U.S. House of Representatives
1114 Longworth House Office Building
Washington, DC 20515

May 4, 2007

Honorable Michael B. Enzi
United States Senate
Russell Senate Office Building
Washington, DC 20510

Dear Senator Thomas, Senator Enzi and Representative Cub in,

STATE CAPITOL
CHEYENNE, WY 82002

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During the recent hearing held before the Senate Subcommittee on Water and
Power on S. 752, the Platte River Recovery Implementation Progran1 and Pathfinder
Modification Project Authorization Act (proposed Act), there was discussion regarding
the State of Wyoming's position as it relates to an amendment being circulated on behalf
of the Upper North Platte Water Users. The amendment proposes a restriction on the
Bureau of Reclamation's ability to place a priOlity ~all for Pathfinder Reservoir,
including the proposed Pathfinder Modification Project, between May 15t and September
30th in any year. :

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In terms of the history of this issue, on March 15,2005, I wrote each of you a
letter noting my support for the Platte River Recovery Implementation Program and the
Pathfinder Modification Project, advising that the Town of Saratoga filed a petition for
the abandonment of the storage space needed for the Pathfinder Modification Project, and
offering that the Town, through the Upper NOlih Platte Water Users, had suggested that
they would withdraw their petition ifthey could be guaranteed that the Bureau of
Reclamation would not request a call for Pathfinder Reservoir between May 151 and
September 30th. The Wyoming Attorney General had issued an opinion which indicated
that the Wyoming State Engineer should not legally recognize such a call by the Bureau.
While tIllS opinion provided some comfort to the Upper Platte users, they were interested
in assurances that the Bureau would recognize Wyoming law. Therefore, I sought
assistance from the Wyoming Delegation in obtaining the requested guarantee through
congressional action. Today, it unfortunately seems that my now two year old letter,
written wholly outside the context of the proposed Act, may derail federal legislation that
is critical to the long term viability, predictability anq sustainability of water use in
Wyoming.

1TY: 7n-7B60

PHONE: [phone]

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FAX: [phone]