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Lawmaker: Northern Wyoming dam cost ‘close to not making sense’

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Lawmaker: Northern Wyoming dam cost ‘close to not making sense’


By Angus M. Thuermer Jr.

The increased cost of the proposed Alkali Dam near Hyattville has rendered the project “close to not making sense,” the speaker of the Wyoming House told state water developers earlier this year.

Rep. Albert Sommers (R-Pinedale) made that assessment May 8 after hearing that the estimate to build the 100-foot high, half-mile long earthen structure is now $113 million. That’s more than three times the $35 million cost estimated in 2017.

The Alkali Dam would impound 6,000 acre feet of water that would be used by 33 irrigators for late-season irrigation of 13,000 acres. Wyoming would lend the benefitted landowners a total of $2.1 million and pay for the rest.

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The Wyoming Water Development Office, which is designing the project for a private irrigation district, is having difficulty justifying the expense.

“I think it’s important to try to understand the price of what we’re doing, because, ultimately, that comes back to the cost-benefit ratio,” Sommers said at the meeting.

Cost-benefit rules govern how much the state can pay.

“I’m all for doing water projects,” Sommers said. “But it’s got to make sense in the end, too. And this is getting dangerously close to not making sense.”

$127 million above estimates

Alkali Creek is one of two proposed Big Horn County dams whose original cost estimates are now collectively about $127 million off-base. The Upper Leavitt Reservoir expansion is estimated to cost $89 million, up from the original $39.8 million.

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The state outlines what “makes sense,” as Sommers put it, in its criteria for funding reservoirs. The Wyoming Water Development Commission can give grants “for the full cost of the storage capacity [of any given reservoir] but not to exceed public benefits as computed by the commission.”

As computed in May “the public benefits [amount to] only $104 [million]-$105 million,” for the now-$113 million Alkali Creek project, Water Development Office Director Jason Mead told lawmakers and water commission members.

Jason Mead describes the proposed Alkali Dam above the reservoir site near Hyattville during a tour in 2015. (Angus M. Thuermer Jr./WyoFile)

The cost-benefit ratio could be improved if some of the project’s costs are attributed to elements other than the irrigation supply itself, according to discussions at the meeting.

A principal example is the $30 million cost of converting a ditch that would fill the reservoir into a buried pipeline. “Should [$30 million] be attributed to the project — raising the cost and putting the public-benefit ratio at risk — or counted as mitigation?” Mead asked as he outlined potential accounting options.

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Another way of improving the cost-benefit ratio would be to attribute more value to benefits, irrigators said. The Water Development Commission should be liberal in its assessment of public benefits, including birdwatching, irrigators said.

That could be tricky.

“I understand there’s things we can’t necessarily quantify — birdwatching and things like that,” Mead said. “We can always get creative on those things. We’re just trying to be consistent with how we’ve looked at other projects.”

To reduce state costs, Wyoming sought but failed to get a federal grant to fund part of the development. The Bureau of Reclamation rejected the request “because of concerns with economics,” among other things, Derrick Thompson, an engineer with consultant Trihydro, told the panel.

Undeterred, Wyoming is seeking another federal grant from funds earmarked for a “watershed protection and flood prevention program,” he said. It’s uncertain whether an irrigation project would qualify for the program, let alone prevail in a competitive application process, Thompson said.

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Cecil Mullins’ vision

For years, Worland native and irrigator Cecil Richard Mullins watched the nearby Nowood River, fed by runoff from the Bridger and Bighorn mountains, swell in the spring and dry up in the fall. In 2007, he “wanted to figure out a way where we could capture that early spring runoff and actually put it to use when the river went dry,” Mead told the panel.

Mead met Mullins and his fellow irrigators and told them it would cost $1,000 to apply for a state-funded watershed study, a necessary beginning for any reservoir construction.

“Everybody was pulling out $20 bills by the time we got done to come up with $1,000,” Mead said of the meeting.

A pivot irrigation system on the Mercer ranch near Hyattville near the proposed site of the Alkali Creek Dam. The reservoir would flood some of the land in the background. (Angus M. Thuermer Jr./WyoFile)

Mullins died in 2019, but his $20 investment has grown. “We’ve spent probably $5 million over the last however many years it’s been — since 2010 — to get to this point,” Mead told the panel.

“We’re about 50% into the design,” he said, “and needing to acquire easements.”

But landowners on whose property various ditches, canals, pipelines or the reservoir itself would lie have asked for design changes — like the $30 million ditch-to-pipeline conversion.

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Landowners at the upper end of the reservoir are also worried about public use of the reservoir near their property. Therefore developers would build an embankment to impound a small pool at that end of the reservoir.

The pool would provide “some additional benefits to those landowners to offset some of the impacts,” Trihydro’s Thompson said. Yet “we’re still struggling to come to agreements with many of the landowners,” his Trihydro colleague, Mark Donner, said.

Irrigators’ share

Inflation, geologic surprises, lighter-than-expected embankment material and the design changes add to costs. But irrigators have not pledged to pay more than their $2.1 million loan.

“That’s what everybody voted on,” said John Joyce, an irrigation district member. “The operating costs are starting to mount here,” he said, ticking off maintenance, annual rent for federal property and other things.

“I’m not saying it can’t be higher,” he said of irrigators’ contributions, increasing the debt would require a vote among district irrigators that hasn’t been proposed.

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Water Development Commission Vice Chair Lee Craig told irrigators the state will do “everything we can to try to help you.

“But there’s certain things we can’t do or certain things that you guys will have to do,” Craig said. “And hopefully, working together, we can get through this.”


This article was originally published by WyoFile and is republished here with permission. WyoFile is an independent nonprofit news organization focused on Wyoming people, places and policy.



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Teton Pass closed in both directions due to avalanche, possibly until Tuesday

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Teton Pass closed in both directions due to avalanche, possibly until Tuesday


WILSON, Wyo. — Another complicated day for Teton Pass commuters.

WY22 over Teton Pass is closed in both directions due to avalanche control as of 8 a.m. on Monday, Dec. 22, according to an alert issued by the Wyoming Department of Transportation (WYDOT). WYDOT’s estimated opening time for the road is between noon and 2 p.m. on Tuesday, Dec. 23.

Photo: Bridger-Teton Avalanche Center

WYDOT had closed the pass at 3 a.m. Monday for avalanche control. According to a post by the Bridger-Teton Avalanche Center (BTAC), a “large explosive triggered avalanche” ended up covering both lanes of the Pass.

“Early this morning, WYDOT crews brought down a large, controlled avalanche at Glory Bowl during their mitigation mission,” the agency posted to Facebook Monday morning. “Due to the extent of the clean up, estimated opening time is between noon and 2 p.m. tomorrow.”

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Photo: WYDOT Teton County on Facebook

WYDOT confirmed to Buckrail that the dense, heavy slide is being addressed by a dozer on Monday morning, and that clearing the snow will take several hours. The agency expects to share an updated opening time estimate as the cleanup unfolds.

According to BTAC’s Monday forecast, high avalanche danger exists in the Tetons.

“Heavy snowfall and strong wind has created very dangerous avalanche conditions on wind loaded middle and upper elevation terrain,” its forecast states.

This is a developing story. Buckrail will provide information as details become available.



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Man taken into custody after police standoff in Wyoming

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Man taken into custody after police standoff in Wyoming


WYOMING, Mich. (WOOD) — Wyoming police officers were seen taking a man into custody after an hours-long standoff Sunday night.

Police swarmed Thorndyke Avenue near 44th Street SW in Wyoming for several hours after a man barricaded himself inside a home. A News 8 crew watched officers remove a man from the barricaded home in handcuffs around 11:35 p.m. Sunday.

A neighbor who lives on Thorndyke Avenue told News 8 that the incident began when a man who lives on the street left his house to confront a group of men who were working on the roof of a nearby property. The neighbor heard a single gunshot before the man retreated into his home.

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Thorndyke Avenue was blocked off for hours with those living on the street unable to get to their houses. Those already inside were asked to remain inside.



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Hunting: Arkansas might feel ripples from Wyoming public land access case | Northwest Arkansas Democrat-Gazette

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Hunting: Arkansas might feel ripples from Wyoming public land access case | Northwest Arkansas Democrat-Gazette


Hunters won a major decision for public land access in Wyoming recently, and the ripples will ultimately reach Arkansas.

In October, the U.S. Supreme Court declined to hear Iron Bar Holdings, LLC v. Cape et al., preserving a unanimous decision by the 10th Circuit Court of Appeals’ upholding the legality of “corner crossing.” The case involved a Wyoming landowner that pressed trespassing charges against four Missouri hunters who cut across the corner of the landowner’s fence to get from one public parcel to another.

Law enforcement has traditionally supported landowners in “corner crossing” situations. It is an effective method to restrict public access to public land that is surrounded by private land. By restricting corner crossing, landowners have exclusive access to public land abutting their property. They can hunt it without competition, and they can run guided hunts on it.

We have encountered that situation personally while hunting in Oklahoma. A situation in Arkansas occurred about a decade ago where a landowner closed a road on his property that leads to a remote portion of Cache River National Wildlife Refuge. There’s the ongoing conflict between public land hunters in northeast Arkansas and the Hatchie Coon Hunting Club.

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Backcountry Hunters & Anglers, which in 2021 successfully campaigned to prevent the University of Arkansas from selling the Pine Tree Experimental Station Wildlife Demonstration Area to private interests, filed amicus filings in the Wyoming case and raised funds for the hunters’ legal defense. Backcountry Hunters & Anglers said in a release that the 10th Circuit’s decision preserves access to more than 3.5 million acres of public lands in Wyoming, Colorado, Utah, New Mexico, Kansas and Oklahoma. Impact might also expand to about 8.3 million acres across the West.

“The Supreme Court’s action affirms a principle hunters and anglers have long understood: corner crossing is not a crime,” said Devin O’Dea, western policy and conservation manager for Backcountry Hunters & Anglers. “Access to 3.5 million acres of public lands has been secured because four hunters from Missouri took a leap of faith across a corner, and the Wyoming Chapter of BHA stood up in their defense. It’s a victory worth celebrating, and a key domino in the fight for public land access across the West.”

In a sense, the Iron Bar Holdings decision dovetails with Arkansas v. McIlroy, a landmark 1980 case that preserved and expanded public access to Arkansas streams and rivers with a creative interpretation of the term “navigable.” Before McIlroy, “navigable” referred to the farthest distance upstream that a steamboat could go in high water. Landowners on the Mulberry River strung barbed wire across the river. Sometimes they physically accosted paddlers. McIlroy extended navigability definition to canoes and kayaks, creating the paddling environment that so many people enjoy.

Missouri recognizes public access rights to paddlecraft navigable waters, but one still risks an adversarial encounter with territorial landowners on many streams in the state. My former boss Dan Witter and several other Missouri Department of Conservation employees were forced off a well-known river at gunpoint. As Witter told me at the time, the law was on their side, but a streamside encounter with an armed and angry landowner is not the time or place to debate it.

Some public parcels are entirely enclosed by private land. There is no access to those parcels, corner crossings or otherwise. I have a friend in Roger Mills County, Oklahoma, whose land enclosed a 160-acre public Bureau of Land Management parcel. I quipped that it would be worthwhile for a hunter to hire a helicopter to airlift him into the property.

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Without cracking a hint of a smile, the landowner said a helicopter pilot would have to get permission to overfly his property, and that he would not grant it.

As people migrate away from cities and turn rural hamlets into suburbs, the demand for access to public land will intensify. The courts appear to sympathize with the public in access disputes, and the Iron Bar decision will ultimately factor into access disputes in Arkansas.



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