House adopts amendment to Senate File 43 to exempt in‑stream flow rights from temporary water use agreements

The Wyoming House on Feb. 24 adopted an amendment to Senate File 43 that adds an express exception for in‑stream flow beneficial uses and then passed the bill on final reading.

Representative DJ Straka moved the amendment — which would insert language after “purposes” on page 2, line 17 to exclude “the beneficial use of in‑stream flows identified in 41‑3‑1001” — urging colleagues to “vote aye on this.” Several members spoke in opposition, saying in‑stream flow rights are not temporary uses and are held by the state. Representative Banks argued the change “opens it up to potential issues down the road,” and Representative Josh Davis said similar language had failed in committee and on the House floor in prior years. Supporters including Representative Eklund and Chairman Winter said agricultural stakeholders backed the amendment and that it would protect junior water users and ranchers.

After debate, the amendment was adopted. The House then called roll on final passage of Senate File 43; the chief clerk recorded 56 ayes, 3 noes and 3 excused. The chief clerk announced that Senate File 43 "having received the affirmative vote of the majority of the members elected to the House, Senate File 43 has passed the House." The bill had been described at introduction as relating to temporary water use agreements and other amendments to water law.

Why it matters: supporters said the amendment strengthens protections for ranchers and junior water users; opponents warned it could create legal ambiguity by placing in‑stream flow uses inside a statute on temporary uses and noted in‑stream flow rights have historically been administered differently and are held by the state.

What happened next: House action on Senate File 43 concluded with adoption of the amendment and passage of the bill; the clerk announced the vote tally for final passage as recorded.