Wyoming
Opinion | Encampment River decision highlights the impact of climate change on Wyoming water law
Climate change has Wyoming industry maneuvering to guarantee access to water during dry years. An order issued by Wyoming’s state engineer, and challenged by Encampment River irrigators in a recent appeal, foreshadows how water law will respond as the planet gets hotter and drier.
The decision directly impacts the North Platte River basin but has statewide implications, particularly for the Green River and Little Snake River basins.
On Oct. 14, State Engineer Brandon Gephart approved the proposal of the Sinclair refinery near Rawlins to get water in very dry years from ranchland on the Grand Encampment River near the Colorado state line.
That new proposal is a response to climate change, which has had more drastic effects further west in the Colorado River Basin. Wyoming may have to reduce water consumption on the Green and Little Snake rivers to meet obligations to downstream Colorado River states. A trona company near Rock Springs has sent Gephart six requests like the proposal made by Sinclair.
The trona requests are on hold while awaiting Gephart’s decision in Carbon County. His decision there, with results on appeal, will set the guidelines for action on the trona proposals.
Sinclair bought an old ranch on the Encampment a couple of years ago and in 2023 filed its request to quit the ranch irrigation in very dry years and use the water at the refinery instead.
In June 2024 a crowd assembled at a public meeting with Gephart. Irrigators on the Encampment vehemently opposed the plan. Carbon County and Rawlins officials backed Sinclair, championing the economic value of the refinery and its need for a secure water supply.
The Encampment River is a tributary to the North Platte River, on which the refinery sits some 100 miles north. As on many streams in the Little Snake and Green River basins, Encampment irrigators’ water use is interdependent. Neighbors have developed a pattern of water use that largely works for them all, and they don’t welcome the change or new state supervision.
Neighboring ranchers on the Encampment complained to Gephart that under Sinclair’s plan they could no longer rely every year on using water that replenished the river in late summer. That water has returned slowly to the stream late in summer from the irrigated fields of the upstream ranch Sinclair now owns. The lost timing of that “return flow” is what the neighbors lamented.
Gephart’s decision makes it possible for that timing loss to occur only occasionally — in certain very dry years. If the oil company had simply sought to move the ranch water permanently to the refinery, the loss of “return flow” timing in late summer would have been permanent.
Starting 50 years ago, Wyoming water law has allowed permanent changes. An even older provision of state water law, encouraging “exchanges,” allows the refinery to use the Encampment ranch water in very dry years, Gephart ruled. That law requires the state engineer to avoid adverse effects on water users, harm to the public interest and exchanges too difficult to administer.
Gephart found the Sinclair exchange creates none of those problems. Yet three irrigators on the Encampment and North Platte claimed in their appeal that adverse effects and tough administration abound .
In an unusual move, Gephart wrote a public letter to accompany his official order, to explain the considerations that underlie his decision.
The very dry years he has defined as triggers for the Sinclair exchange have occurred in 20 percent of the years since 2002, he noted. In Wyoming’s “first in time, first in right” water right priority system, the refinery couldn’t use its own water rights in spring of those dry years and had to find older rights. The old water rights on the Encampment ranch that Sinclair bought now solve that problem and can serve the refinery in the very dry years under Gephart’s ruling, making refinery operations more secure.
Now, in the key dry years the refinery can still take water from the North Platte. In return the company would not irrigate its Encampment ranch at all in spring or summer. Encampment River water unused at the ranch would flow down the North Platte as “makeup” water, as required by Wyoming’s water exchange law.
An important factor Gephart cites is the company’s calculation of how much irrigation water the ranch has genuinely used — how much it has consumed — in the past. That dictates how much water must flow unused downstream from the Encampment in exchange years. It also allows an estimate of how much water the ranch has not consumed annually out of all the water it typically diverted from the river. In exchange years, Gephart ordered, that amount of water must be left in the Encampment River to mimic return flow for neighbors to use.
That does not fully address the neighbors’ complaints about losing the kind of return flows they have relied on. The water Gephart requires to remain in the Encampment River for neighbors approximates the amount of return flow water received in the past but does nothing for its timing. Most likely the volume he requires will be in the river in the early months of the irrigation season — but not late in the season.
The neighboring irrigators challenged the calculation of the amount of water that must remain in the river, and the failure to consider return flow timing. But the timing of return flows, and reliance on them, could be difficult to document, and Wyoming’s water statutes explicitly protect only the volume of return flows when water rights are changed. Nothing in water law says one neighbor can force another to continue irrigating.
Elsewhere in his order, Gephart required Sinclair to build specific infrastructure to ensure neighbors can get their water, regardless of activity on the Sinclair ranch. One neighbor (who has not joined the appeal) had complained that the company refused to commit to new infrastructure.
The appeal argues the Sinclair plan, analyzed as an unwelcome permanent change rather than an exchange, should go to the Board of Control. The board consists of the state engineer and the superintendents of Wyoming’s four geographic water divisions, people with considerable experience inspecting and assessing irrigation use. (The state engineer is recused from sitting on the board when a state engineer order is appealed, as in this case.)
Gephart earlier required Sinclair to file water right “cleanup” proposals with the Board of Control. Cleanup includes proof of past water consumption on the ranch — including proof of adequate past consumption to serve the new exchange. Cleanups are standard in places like the Encampment River, since actual use of old water rights in Wyoming often changes over decades, as streams move a little and ditches fall into disuse. Old water rights often require some work to be properly identified and nailed down to the current use, before new plans can be implemented.
Gephart provided that the Encampment cleanup must be done by fall 2029, and the exchange could be conditioned or revoked if past ranch water consumption is inadequate for the exchange.
Sinclair’s purchase of the old Encampment ranch and its exchange plan will, clearly, disturb familiar patterns of water use on the Encampment River. But it appears to avoid complete disruption of irrigation on the Encampment. Gephart apparently aimed to strike the right chord in the complicated balance between water users’ need for stable water access, and circumstances that demand change for the sake of all Wyoming’s society.
The irrigator appeal cast the exchange as major disruption and argued vehemently against the choice Gephart has made.
Wyoming water law has accommodated change over its 135 years as small cities and a significant minerals industry grew where irrigation once dominated water use. Refinery operations on the North Platte and irrigation on the tributary Encampment River have co-existed for some 100 years. Workers at the refinery include some from Encampment-area families.
Now, the climate is changing, and the old accommodation is challenged. The problem of balancing water rights stability and changing circumstances has come home to people on the Encampment. Gephart’s decision sought to set some guidelines for proposals made to handle climate change. Once the appeal is addressed, whatever balance is ultimately struck on Sinclair will next ripple into the Green and the Little Snake.
GILLETTE, Wyo. — As the Aug. 18 primary election approaches, County 17 is introducing candidate questionnaires to help voters make informed decisions at the ballot box.
Every candidate in the primary field was sent the same three questions and given a limit of 500 words, which could be distributed among their answers as they saw fit. To ensure a fair and direct line to the community, all responses are published exactly as submitted, without edits or alterations.
Candidates were asked:
- What are the most crucial challenges your constituents are facing?
- If elected, how will you address these challenges?
- What qualities or qualifications do you possess that have prepared you to meet these challenges?
Questionnaires are being published on a rolling basis online through Aug. 11. They will be accessible via the County 17 Election Tracker.
Scott Smith (R), Wyoming state treasurer
What are the most crucial challenges your constituents are facing?
Everywhere I go many Wyoming citizens are concerned that our government is selling out our state lands to the highest bidder for crony capitalism. Some are concerned about Data Centers, Commercial Wind Generators, or nuclear waste storage. The biggest concern is the resources these outfits are taking, secondly, they are concerned about health issues related to living nearby, and lastly they are concerned with cost associated with these projects being passed onto the taxpayer.
If elected, how will you address these challenges?
One of the things that many people don’t know is that the State Treasurer sits on the State Land and Investment Board. (SLIB) The same issues that concern our citizens are the same reasons that I have decided to run for this office. The SLIB has voted to lease state lands to a hydrogen plant in Converse County that would take eight gallons of our valuable water to produce one gallon of hydrogen jet fuel using wind and solar generation to power the plant. These same elected officials have sold off $100 million of our state lands to the federal government. I believe that some things are not for sale. As Treasurer you can count on me to count the cost and listen to the people in the public testimony. If we are going to accept some of these projects the citizens need to have the benefit, like lower utility costs.
What qualities/qualifications do you possess that have prepared you to meet these challenges?
My bachelor’s degree is in Business Administration with an emphasis in management and marketing. I will be a leader in the state treasurer’s office that creates a positive work environment that will allow our investment team to create higher returns on the people’s money that the state invests. I would like to work with the legislature to use these interest earnings to buy down the people’s property taxes to alleviate part of the burden inflation has caused on the average citizen. My day job, I work as a bookkeeper and work with numbers day in and day out and have corrected some inefficiencies to help small businesses become more profitable. I plan to do that within the state office and make those profits available to the legislature to reduce the tax burden for the people. I have also served in the Wyoming House of Representatives for Goshen County and I have served on the Appropriations Committee and I am familiar with the massive state budget.
Related
Scroll down for a list of fireworks restrictions across Wyoming.
I usually don’t buy fireworks for the 4th of July. I go places to watch them. But since this year is the 250th anniversary of our nation, I was going to purchase a small arsenal and have a blast, pardon the pun.
But this has been a very dry year, as happens now and then in the cycles of weather. So I figured I’d wait until things were wet again and just hold my personal celebration a little late.
Many towns across Wyoming have canceled their July 4th fireworks due to the drought. They don’t want you firing off any either.
Based on 2026 reports, several Wyoming towns and counties have canceled or significantly restricted Fourth of July fireworks displays due to high wildfire risks, drought conditions, and Stage 1 fire restrictions.
Canceled/Restricted Public Displays (2026)
- Gillette/Campbell County: The CAM-PLEX fireworks show was postponed, and the county is maintaining a Stage 1 fire restriction due to extreme drought.
- Douglas: The Volunteer Fire Department canceled the 4th of July fireworks show due to fire concerns.
- Newcastle: Fireworks show canceled due to high fire danger, according to a June 27 report.
- Pine Haven: Canceled its Fourth of July fireworks display, according to a June 27 report.
- Riverton: Passed a resolution banning personal fireworks within city limits on July 4, with only a limited, designated area for public displays at the Honeycutt Softball and Saban Baseball Complex.
- Teton County: Fireworks have been historically canceled, and fire officials are urging residents to only attend official, professional displays due to extreme fire danger (confirmed for 2026).
City-Wide Personal Fireworks Bans (2026)
- Cheyenne: Consumer fireworks are prohibited within city limits, despite the county lifting restrictions, with only small novelties allowed.
- Casper: Fireworks are prohibited within city limits and in unincorporated Natrona County.
Key Locations Under Restrictions (2026)
- BLM Land: Fireworks are prohibited on public lands managed by the Bureau of Land Management in Wyoming.
- Weston County: A county-wide ban covers Newcastle and Upton due to high drought conditions.
Even little Chugwater, Wyoming, population 175, has banned fireworks inside its little town limits.
At the State Capital in Cheyenne, however, they will go right ahead with a fireworks display, right over the capital building itself. Dry weather be dammed.
Weird Fireworks Names You’ll Find In Wyoming
Just some of the odd names we found while shopping.
Gallery Credit: Glenn Woods
Media outlets gasped last week at the socialist movement’s success in the New York congressional Democratic primary elections.
That success headed west Tuesday, to Wyoming’s southern neighbor of Colorado.
Democratic socialist Melat Kiros, 29, defeated 15-term incumbent U.S. House Rep. Diana DeGette in Tuesday evening’s primary election.
Colorado Public Radio called the ouster “a stunning blow to the Democratic establishment in Denver and continuing a run of leftist victories in major cities.”
Former Wyoming Gov. Mike Sullivan, a Dvemocrat, told Cowboy State Daily on Tuesday that he wasn’t surprised at the move by Denver voters, but he doubted the proximity of a House socialist – if Kiros wins the general election – will affect Wyoming much.
“We have our own issues, and we’re certainly more sensitive to certain issues than others,” Sullivan said. “And it doesn’t necessarily divide us or make us closer to anybody else.”
Could Deepen ‘Don’t Colorado My Wyoming’ Sentiment
Liz Brimmer, longtime Wyoming politico, agreed in general, but said having a socialist congressional neighbor could galvanize Wyoming even harder into a tendency it already has: spurning anything that looks like Colorado governance.
“I think Wyoming uniformly and strongly feels, you know, ‘Don’t Colorado my Wyoming’,” Brimmer said. “And I think if anything, it deepens that sentiment.”
Brimmer said the ouster speaks of “these times, where there’s no doubt an anti-incumbent strain.” But no one will know all the reasons, nor should presume too much, until the voter data return, she said.
The Republicans saw the anti-incumbent strain surface differently, with newcomers ousting President Donald Trump’s foes in GOP primary elections.
State Rep. Landon Brown, R-Cheyenne, who is finishing off his final legislative term, voiced fascination with the election outcome.
Brown, a self-described political junkie, lives about 14 miles from the Colorado border.
He said the ouster shows Denver is increasingly dictating the rest of Colorado’s fate, and that the state is growing more polarized.
On the Republican gubernatorial primary side, The Associated Press was showing a half-point lead for Victor Marx as of Wednesday.
“He’s just as crazy as a democratic socialist on the left,” said Brown.
As for DeGette’s defeat, it’s not as symptomatic as one would think, he added.
“She was running a ‘Hey, I’m the incumbent and I’ve been here 30 years’ (campaign),” he said.
That hurt her. As did a growing divide on the left over Israel’s approach to its many foes — and Congress’ funding of Israeli war and defense efforts, said Brown.
Israel was also a fulcrum in the May primary loss of libertarian-leaning incumbent Rep. Thomas Massie, of Kentucky. But the Republican voters took the inverse approach on that one, nominating the candidate who supports funding Israeli war efforts.
Jack Speight, the GOP strategist who helped Wyoming Gov. Stan Hathaway to victory in 1966, told Cowboy State Daily Kiros’ win is alarming.
Speight was a Democrat when he graduated from the University of Wyoming law school. But the allure of capitalism and the prevailing logic of his good friends pulled him to the Republican side, he said in another interview last month.
The socialist victories of 2026 are “sad for this country. It may well affect the results of this fall, and nationwide,” he said. He called it a shift of California transplants into the Rockies, and a symptom of a growing entitlement.
Look North
Colorado isn’t the only Wyoming neighbor with socialist momentum.
Sam Forstag, a smoke jumper endorsed by Sen. Bernie Sanders, I-Vermont, and Rep. Alexandria Ocasio Cortez, D-New York, won his primary bid for Montana’s U.S. House District 1 on June 2.
Forstag may be less favored than Kiros going into the general election: No Democrat has won that Montana House district this century.
The New York Times called Forstag’s candidacy a “test for left-leaning politicians” who have been arguing for a populist surge in the blue party.
Clair McFarland can be reached at clair@cowboystatedaily.com.
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