June 6, 2024 |
Photo – Water exchange map – By Matt Copeland Bigfoot99
Platte Valley ranchers voiced their opposition this week to Sinclair refinery’s water exchange request.
On Tuesday afternoon, roughly 100 ranchers and concerned citizens from across the Platte Valley attended the Wyoming State Engineer’s Office water exchange meeting in Saratoga. Held in the Platte Valley Community Center, the meeting allowed the public to weigh in on HF Sinclair’s petition to use the water rights from a ranch purchased last year on the Encampment River to supplement its water needs from the North Platte River. The petroleum company stated that additional water is needed to keep the refinery in Sinclair operational during dry months.
Wyoming State Engineer Brandon Gebhart began the meeting by explaining that a water rights holder may petition the state to exchange water from one source to another. Gebhart said if an exchange petition is granted, the rights holder must return a similar amount of water to the original source.
However, Gebhart said the exchange petition will be rejected if diverting the water harms other water users, in this case, on the Encampment River.
Water rights consultant Patrick Tyrrell spoke at the meeting on behalf of HF Sinclair. Tyrrell said during dry seasons, the State Engineer’s Office can choose to override more recent water rights on the North Platte River. The consultant said HF Sinclair cannot operate without its full water allocation.
Tyrell said roughly every four years, HF Sinclair is forced to purchase temporary water rights on the open market to ensure the refinery can continue to operate at full capacity.
In January of 2023, HF Sinclair purchased a ranch outside of Encampment specifically for its water rights. Using its Encampment River water rights, the refinery will have a more stable way to supplement its water usage during calls on the North Platte River. Tyrell said HF Sinclair intends to use the legal water exchange system to take water from the Encampment River when necessary.
Tyrell said, as the owner of the ranch, HF Sinclair has a legal right to exchange water between the North Platte and Encampment Rivers. However, the water consultant said the petroleum company has no intention to “buy and dry” the property. Tyrell said in dry years when the refinery uses the water exchange, HF Sinclair will stop all irrigation on its Encampment ranch.
Neighboring ranchers argue that Sinclair not watering its ranch will hurt their operations based on the science of return flows.
Saratoga Encampment Riverside Conservation District Water Resource Specialist Justin Stern asked if not irrigating the Encampment ranch will negatively impact downstream users. Stern said the ranch soaks up flood water when the Encampment River is running high.
Sinclair’s water rights consultant, Tyrrell said the water exchange petition only considers the harm using the water will have on other users. Tyrrell said the Platte Valley is wet enough that HF Sinclair will not injure anyone by taking water from the Encampment River.
Saratoga rancher Jack Berger urged the State Engineer to deny the water exchange petition. Berger said the state must ensure that the water being taken from the Encampment River is used in the appropriate way.
Local rancher Les Barkhurst said he is uncomfortable with the uncertain amount of water HF Sinclair says it will take from the system. Barkhurst said the community must work together to prevent the petroleum company from drying out the Encampment River system.
Former Wyoming lawmaker and water rights specialist Jeb Steward of Encampment said the petition goes against Wyoming state law. Steward said local ranchers have worked together for over 100 years to ensure the water is used effectively. If the petition is approved, Steward said the delicate balance of water rights the ranchers have created will be disrupted.
Saratoga rancher Scott Kerbs said if the State Engineer’s Office will need to closely monitor the Encampment ranch if its request is approved. Kerbs said the state must ensure Sinclair is upholding its end of the agreement.
The ranchers said too many unknowns exist in Sinclair’s plan for the State Engineer to approve the petition.
Rawlins Mayor Terry Weickum was among the few who supported the water exchange. Weickum said the refinery is important to Carbon County. Mayor Weickum encouraged the ranchers to trust the state and the petroleum company to do what’s right for the community.
House District 15 Representative Don Burkhart, also of Rawlins, supports the water exchange. Representative Burkhart said HF Sinclair has gone out of its way to help the community in the past.
Representative Burkhart said gas prices across the state will increase if the refinery is forced to shut down due to a lack of water.
Former Saratoga councilman Jon Nelson agreed that the refinery is a good neighbor. However, Nelson said by granting the water exchange petition, the State Engineer’s Office will be rewriting Wyoming water law.
Carbon County Commissioner and fifth generation rancher John Johnson also spoke against the water exchange petition. Commissioner Johnson said water rights are tied to the land. While HF Sinclair may be a good neighbor, the next owner of the Encampment ranch may not. For those reasons, Commissioner Johnson said the State Engineer must deny the petition.
State Engineer Gebhart said his office will continue accepting written public comments on the proposed water exchange until June 14th. Only after all comments have been received and considered, will the State Engineer’s office announce its decision on HF Sinclair’s water exchange petition.
