Agenda Item 9, Platte River Recovery Updates and House Bill 07-1182

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DAVE FREUDENTHAL . ( ` o Y �: STATE CAPITOL GOVERNOR CHEYENNE, WY 82002 • THE STATE -.. OF WYOMING Office of the Governor May 4, 2007 Honorable Craig Thomas Honorable Michael B. Enzi United States Senate United States Senate 307 Dirksen Senate Office Building Russell Senate Office Building Washington, DC 20510 Washington, DC 20510 Honorable Barbara Cubin U.S. House of Representatives 1114 Longworth House Office Building Washington, DC 20515 Dear Senator Thomas, Senator Enzi and Representative Cubin, During the recent hearing held before the Senate Subcommittee on Water and Power on S. 752, the Platte River Recovery Implementation Program 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 priority call for Pathfinder Reservoir, including the proposed Pathfinder Modification Project, between May 1 and September 30 in any year. 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 North Platte Water Users, had suggested that they would withdraw their petition if they could be guaranteed that the Bureau of Reclamation would not request a call for Pathfinder Reservoir between May l and September 30` 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 this 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 and sustainability of water use in Wyoming. • TTY: 777-7860 PHONE: (307) 777 -7434 FAX: (307) 632-3909