Wyoming Framework Water Plan - Living Rivers Home Page

3.0 SETTING
obligations of Wyoming under the Modified North Platte Decree, and enhancement of regulatory
certainty under the federal Endangered Species Act (ESA).
In the absence of the PRRIP, each water project or activity in the Platte River Basin having a
federal nexus will be required to address and comply with federal ESA regulations individually, a process
that could be costly and inefficient and would severely impact the states and their water users.
Glendo Reservoir Contract
The total storage capacity of the USBR’s Glendo Reservoir is 428,405 acre-feet, which includes
the flood surcharge pool, a space to accommodate restoring the USBR’s winter releases from Pathfinder
Reservoir, temporary storage of the Inland Lake ownership, the impoundment of water for the purpose of
creating head for production of hydropower and a maximum, not-to-exceed, 100,000 acre-feet
conservation pool. In 1996, the parties to the Nebraska v Wyoming lawsuit agreed to a stipulation that
amended the “1953 Order to Provide for Use of Glendo Storage Water” (1953 Order), which was
incorporated as an exhibit to the “Proposed Joint Settlement” that was approved by the U.S. Supreme
Court in 2001. This amendment sustained the regime of the river by adhering to the original allocation of
the conservation pool. Wyoming and Nebraska contractors are limited to releases of 40,000 acre-feet on
an annual basis: 15,000 acre-feet to Wyoming and 25,000 acre-feet to Nebraska. Any storage not used
may be carried over as long as the total conservation pool does not exceed 100,000 acre-feet. Of the
15,000 acre-feet allocated to Wyoming, the USBR has long-term contracts for 4,400 acre-feet. Therefore,
Wyoming may contract for an additional 10,600 acre-feet of water, whenever available, to maximize the
beneficial use of Wyoming’s allocation of the conservation pool.
The 1996 stipulation expanded the use of Glendo storage water in Wyoming by allowing use for
any beneficial purpose whatsoever, rather than strictly limiting the use for irrigation purposes as
mandated by the 1953 Order. Further, as stipulated in 1996, Glendo storage water can be exchanged by
replacing 2 acre-feet for every acre-foot of natural flow withdrawn to support beneficial uses upstream of
the reservoir. The State of Wyoming has written to the USBR seeking to enter into a long-term contract
to purchase and remarket the remaining 10,600 acre-feet of Wyoming’s 15,000 acre-feet allocation to
maximize beneficial use. In the short term, the State of Wyoming proposes to include Wyoming’s
currently uncommitted 10,600 acre-feet of the state’s Glendo allocation to meet the replacement
obligations as described in the Modified North Platte Decree.
Snake/Salt River Basin
The Palisades Reservoir Contract provides Wyoming with 33,000 acre-feet or 2.75 percent of the
1,200,000 acre-feet of active storage space in Palisades Reservoir. Wyoming is entitled to the water
accruing to this space in priority for a variety of purposes, including the Snake River Compact
replacement storage space obligations, subcontracting the use of storage water to others, and maintaining
instream flows and lake levels within Wyoming through exchange. Wyoming is treated, for the most
part, like any other storage spaceholders in Palisades Reservoir under contract with the USBR, with the
same general rights and obligations for the use, accounting, and administration of the storage space.
Wind/Bighorn River Basin
In a 1985 agreement with the United States of America, covering the Buffalo Bill Dam
Modifications which raised the dam 25 feet and increased storage capacity, Wyoming acquired
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