Wyoming Framework Water Plan - Living Rivers Home Page

3.0 SETTING
The key elements of Wyoming's water laws were established in the Constitution and the early
statutory laws before and near the turn of the century. From time to time, the legislature has modified the
laws to address emerging new issues of the water users in the state. The laws addressing reservoirs were
passed in the early 1900s; laws specific to groundwater sources were introduced in the 1940s and 1950s,
with the last significant change adopted in 1969. Laws addressing instream flow water rights were
codified in 1986. The basic framework of water right permitting actions and administration has remained
the same, all the while allowing for flexibility in answering the needs of water users.
This set of laws is a part of the principles upon which the Framework Water Plan is based.
3.3.2 Interstate Compacts, International Treaty, Court Decrees, and Contracts and
Agreements
NOTE: Additional information on water rights, compacts, court decrees, international treaty, and
interstate agreements is available online at http://seo.state.wy.us.
Amended Bear River Compact (1978)
This compact provides that in the administration of the Bear River among the States of Idaho,
Utah, and Wyoming, the river shall be divided into three divisions. When a water emergency exists, water
administration is handled as discussed below.
Upper Division
This division is the portion of the Bear River from its source in the Uinta Mountains to and
including Pixley Dam. A water emergency shall be deemed to exist when the total divertible flow is less
than 1,250 cubic feet per second (cfs). Divertible flow is allocated for diversion as follows:
Upper Utah Section Diversions . . . . . . . . . . . . . . . . . . . . . . 0.6%
Upper Wyoming Section Diversions . . . . . . . . . . . . . . . . . 49.3%
Lower Utah Section Diversions . . . . . . . . . . . . . . . . . . . . . 40.5%
Lower Wyoming Section Diversions . . . . . . . . . . . . . . . . . . 9.6%
Central Division
This division is the portion of the Bear River from Pixley Dam to and including Stewart Dam. A
water emergency shall be deemed to exist when the total divertible flow is less than 870 cfs or the flow of
Bear River at Border gaging station is less than 350 cfs, whichever occurs first. When such a condition
exists, all divertible flow in this division shall be allocated such that the portion of the river between
Pixley Dam and the point where the river crosses the Wyoming-Idaho line near Border shall be limited
for the benefit of the State of Idaho, 43 percent of the divertible flow. The remaining 57 percent of the
divertible flow shall be available for use in Idaho in the Central Division, but if any portion of such
allocation is not used therein, it shall be available for use in Idaho in the Lower Division.
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