Report of Findings Regarding Water Development on the Wind River Reservation

TO: Hon. Dave Freudenthal, Governor

Joint Business Council of the Eastern Shoshone and Northern Arapaho Indian Tribes

Members, Joint Judiciary Interim Committee

Members, Joint Agriculture, Public Lands and Water Resources Interim Committee

From: Select Committee on Tribal Relations, Rep. Harry Tipton and Sen. Bob Peck, Co-Chairmen

Subject: Report of Findings Regarding Water Development on the Wind River Reservation

Introduction:

Chapter 78 of the 2003 Wyoming Session Laws authorized the Joint Business Council of the Eastern Shoshone and Northern Arapaho Indian Tribes to participate in joint powers boards and to serve as a sponsor for water development projects under the State's water development program in the same manner as political subdivisions and special districts of the State.

Section 2(a) of the act directed the Select Committee on Tribal Relations to report to the Governor, the Joint Business Council and the referenced Joint Interim Committees, regarding the success of water development on the Reservation resulting from adoption of the act and to provide recommendations for future water development and any proposals for additional legislative changes.

Meeting With Joint Business Council:

On August 18, 2003, the Select Committee met in Fort Washakie and together with members of the Legislative Management Council and the Joint Business Council, toured a number of sites on the Wind River Reservation including Washakie Dam and Ray Lake as well as a number of surface water diversion and conveyance systems. Following the tour, Tribal Water Engineer Gary Collins and Wyoming Water Development Commission (WWDC) Director Mike Besson provided an overview of potential water development projects on the Reservation. Joint Business Council members and Legislators in attendance discussed the need for the Tribes and the State to work collaboratively to develop infrastructure for water projects on the Reservation including projects to address surface water supplies as well as safe drinking water concerns.

On August 19, 2003, the Select Committee met again with representatives of the Joint Business Council to continue the discussion of potential water development on the Reservation. Attachment "A" to this report provides additional details on various projects discussed. Mike Besson, WWDC, outlined the procedures for applying for state funds under the Water Development Program.

Findings and Recommendations of the Select Committee:

1. Relations with the Tribal governments appear to have been significantly enhanced as a result of the legislation enacted in the 2003 Legislative session and there seems to be a growing spirit of cooperation on issues relating to water development on the Wind River Reservation.

2. While the statutory change authorizing the Joint Business Council to participate with Wyoming political subdivisions and special districts in forming joint powers boards may prove to be of value in the future as a mechanism to facilitate the development of water projects on the Reservation, exploration of this alternative does not appear to be a priority with the Tribes at this time.

3. As a result of the statutory change allowing the Tribes to participate directly in the Wyoming Water Development Program, the Joint Business Council has submitted applications to the WWDC for the following five water projects:

(a) Shoshone Utility Organization Drinking Water Project – This project will consist of a groundwater exploration program and a master plan to review the adequacy of the utility’s water system and provide solutions to address shortcomings in the system. A Paleozoic formation is targeted for the groundwater exploration-drilling program;

(b) Arapaho Utilities Drinking Water Project - This project will consist of a groundwater exploration program and a master plan to review the adequacy of the utility’s water system and provide solutions to address shortcomings in the system. The Wind River formation is targeted for the groundwater exploration-drilling program;

(d) A Level I Reconnaissance Study to determine the most feasible solution for addressing the chronic water shortages at the end of the Dinwoody canal. Suggested alternatives for review include the enlargement of the lower Dinwoody Lake, construction of storage within the Willow Creek Drainage, and/or improvements to the Dinwoody canal. The Dinwoody system is located south of the Big Wind River above Riverton; and

(e) The Enlargement of Ray Lake, located between Lander and Fort Washakie, to provide irrigators more certainty with respect to their water supply.

The WWDC will include these projects in their review process for possible submission to the legislature in the 2004 session.

4. For some of these projects, the potential exists to partner with the federal government to develop funding alternatives. Mike Besson reported that the Bureau of Reclamation had funded drinking water projects in North and South Dakota and in Montana and that the precedent for providing federal funding in partnership with the states and tribes had already been established.

5. It is the conclusion of the Select Committee that additional time will be required to fully assess the impact of the legislation enacted in the 2003 session. At this time the Select Committee has not identified additional legislative recommendations, but intends to continue to monitor developments during the next interim.

cc: Members, Select Committee on Tribal Relations

Ivan Posey, Tribal Liaison

Mike Besson (WWDC)