Western Senators Fight Water Farm Bill Provision

February 11, 2002

Western senators are determined to remove a provision from the Senate farm bill that they say could "devastate carefully balanced state water law." Sens. Mike Enzi (R-WY) and Craig Thomas (R-ID), along with other senators from western states, oppose a provision that would allow the federal government to transfer4 or acquire water rights to protect endangered, threatened or sensitive species. A vote on the issue should come early this week to remove the section from the bill.

"The water right transfer section of the farm bill threatens the water right administration system we have been using in Wyoming for more than 100 years, but it's not the threat to the past that I'm necessarily concerned about," said Enzi. "This provision … poses a threat to Wyoming's future. Water is the lifeblood of Wyoming and the West and whoever controls the water wields power to shape the future." The water right provision of the bill would create a program for the transfer or acquisition of water rights to the federal government for endangered, threatened or sensitive species protection. The program would be voluntary for landowners.

A state's governor could opt the state out of the program. Other time and acreage restrictions would apply. Enzi said the proposal sounds innocent enough on the surface, but because of the complex western system, one person voluntarily giving up his or her water right would likely mean other junior or downstream water right holders would be forced to accept the terms.

"As soon as the federal government intervenes in the state water law system, the federal government would suddenly move to the front of the line for when and where that water right would be available for use. It would trump all other rights. The land use and water balance that had been established over the past one and a half centuries would be completely turned on its ear," said Enzi. He said the federal water right provision could end up harming wildlife too.

"The impact would immediately be felt by family farms and ranches that would lose productivity, jobs, homes; and by wildlife and migrating birds that would lose their habitat," Enzi said.

"Don't let anyone ever kid you that ranches and farms are not habitat for wildlife. The private ranches and farms in the West are some of the most productive and vibrant wildlife habitat you will ever find."