Bills to full Senate

May 08, 2008 | Jackson Hole News & Guide | by Noah Brenner and Cory Hatch

A pair of conservation bills that would protect the Snake River and Wyoming Range passed through the Senate Energy and Natural Resources Committee on Wednesday.

The Craig Thomas Snake Headwaters Legacy Act would protect 387 miles of rivers and streams in the Snake River drainage under the Wild and Scenic Rivers Act.

The Wyoming Range Legacy Act would prohibit further energy leasing in the Wyoming Range south of Jackson Hole and would allow conservation groups to buy and retire existing energy leases.

Both bills now must go to the floor for a vote by the full Senate before moving to the House.

The Snake River bill passed through the committee by a 12-10 vote almost one year after Jackson’s Jack Dennis testified in front of the committee in favor of the measure. It was originally introduced by Sen. Craig Thomas before his death.

“Wyoming is a remarkable tourism destination,” said Sen. John Barrasso, who introduced the latest bill. “These rivers generate millions of dollars annually to the state of Wyoming and will contribute to the economic stability of our local economies. I really see this as a badge of honor for our rivers.”

The bill drew strong opposition from Sen. Larry Craig of Idaho. Craig argued at the committee hearing that the bill did not go far enough to protect Idaho irrigators’ water rights to the Snake River and Jackson Lake.

“The whole point he was making was that right now it is a working river and the Forest [Service] and National Park Service are striking the balance,” Craig aide Susan Irby said. “Everyone agrees it’s a beautiful river and they are striking a balance between preserving scenic and recreational uses and water rights of folks in Idaho.”

Craig introduced a pair of amendments to the bill, both of which were defeated. The first would have removed the portion of the Snake River below Jackson Lake Dam from protection. The second would have explicitly stated that the section of the Snake below Jackson Lake would not have any minimum-flow requirement.

“It’s not just a matter of water rights,” Irby said. “Idaho has water rights, but changes in when the water is delivered and how much is delivered could be impacted by this designation.”

Barrasso argued that the bill already contained explicit language that the designations “shall not affect the management and operation of Jackson Lake or Jackson Lake Dam.” He included language in the bill that states any federal water right associated with the designation would be junior to existing rights, meaning that appropriators would have first choice if water in the basin became scarce.

“Wyoming folks and visitors from around the world experience unrivaled recreational opportunities including hunting, fishing, hiking, camping and boating along these stretches,” Barrasso said in a release. “That will continue, along with vital protections for existing water rights and landowners. In short, private property rights will be protected.”

Aides to Craig said the senator hopes he can work out his concerns with Barrasso before the bill comes to the Senate floor for a vote. They did not rule out putting a hold on the bill, which would essentially stop it in its tracks.

Tom Patricelli, executive director of the Campaign for the Snake Headwaters, called the vote “an important day for Wyoming.”

Marley Vaughn, executive director of the Snake River Fund, also praised the vote.

“The Snake River Fund and river users have been advocating for this bill for five years, and we really applaud Senator Barrasso’s continued support of this legislation.”

Like the wild and scenic bill, protecting the Wyoming Range was a priority for Thomas.

Barrasso hailed the Wyoming Range Legacy Act bill as a victory for multiple-use protection of Wyoming’s natural resources.

“Today’s vote brings us one step closer to enhancing the tourism, recreation, grazing, hunting and sportsmen economy of the Wyoming Range,” he said in a release Wednesday. “Wyoming has a proud tradition of supporting the nation’s energy needs and will continue to do so. I strongly support oil and gas development in our state, but I also believe some places are simply too special to develop.”

The bill cleared the committee 13-9, with opposition primarily from Sen. Mary Landrieu, a Democrat from Louisiana. Landrieu’s office said she opposed the bill because it cut access to significant energy resources.

“Senator Landrieu opposed the bill because it blocks access to 8.8 trillion cubic feet of natural gas, and that is really it,” said Marni Goldberg, Landrieu’s deputy press secretary.

Sportsmen for the Wyoming Range spokesman Tom Reed said the latest version of the bill contains language that would allow directional drilling from existing developed areas on Riley Ridge, the True-Marathon Field and a small unit on North Cottonwood Creek.

Reed said the concessions to energy companies make sense.

“I’m absolutely fine with it,” he said. “We felt all along that we’d like to see the forest be multiple-use. Those energy companies have the infrastructure in place and everything. Why not?”

“We are committed to working with energy companies where there are below-ground resources that need to be extracted and above-the-ground resources that need to be conserved,” Reed said. “We actually think in some places, those two things can exist side by side. Directional drilling is part of that very thing. But there are also places where doing it right means not doing it at all.”

As for 44,700 acres of contested leases west of Merna, Reed said, the bill doesn’t validate or nullify those leases.

“It leaves it up to the Forest Service,” he said. “The bill still makes it pretty clear that there is an administrative process they need to go through.”

Reed and Greater Yellowstone Coalition Executive Director Michael Scott each praised Barrasso for seeing the bills through the committee.

“Today, thanks to Senator Barrasso’s leadership, we are a step closer to protecting the Wyoming Range from oil and gas development,” Scott said in a statement. “Wyoming has contributed its fair share to the energy needs of the nation. There are places, like the Wyoming Range, that are too special to drill. Senator Barrasso has listened to the people of Wyoming and is making sure that we can still hunt, fish and recreate in this wonderful part of Wyoming.”

Louise Lasley, public lands director for the Jackson Hole Conservation Alliance, called the vote on the Wyoming Range bill great news.

“When, everyday, we seem to be presented with additional information on the impacts of energy development on habitat, air, water quality and wildlife, to have this legislation move forward is an indication that the voices in western Wyoming might carry as much weight as the developers,” she said. “I would encourage those voices now to make sure that all Senate members hear how important those values in the Wyoming Range are to all of us.”