State demands changes to water agreement

TEN SLEEP – “Let me remind you that under the state constitution, the state [of Wyoming] has the power to control all wells,” said Wyoming Water Development Commission Director Harry LaBonde, Jr., at an open public meeting hosted by the Town of Ten Sleep on Monday to discuss a proposal to supply town water to the Lower Nowood Improvement and Service District (LNISD).

In what would amount to a 30-year contract, under renegotiation every five years, the proposal would deliver a total estimated 6 million gallons of city water over the life of the contract to Lower Nowood residents, at an estimated 350 gallons per day. Under the agreement, city water would be delivered to a meter maintained and installed by the LNISD, then distributed to up to 20 users. Previously, the Ten Sleep Town Council, under the guidance of Town Engineer Chris Lidstone, strongly supported a provision that prohibits out-of-town town water users from drilling private wells without town approval, to minimize possible contamination or pressure issues.

“The WWDC takes exception to the idea that no private wells be drilled,” remarked LaBonde. The director of the WWDC went on to say that he would not recommend going forward with the proposal unless the well clause was removed by the town. Furthermore, LaBonde informed the town that he had no problem recommending to the state that if an agreement weren’t met, that an additional Madison Aquifer well would be drilled outside the town limit’s, to service the LNISD, with state funding in the amount of $2 million.

“Look,” stated LaBonde, “the WWDC would like to see Ten Sleep become a regional water supplier.” LaBonde stated that he could introduce the option to drill a Madison well at the next joint meeting of the WWDC and the Select Water Committee, to be held in Casper, Nov. 4-6.

When asked if the WWDC was ultimately giving the Town of Ten Sleep until next week to come to a decision, LaBonde replied that the separate well was simply a “contingency,” but he would recommend the option to the state without hesitation. Ten Sleep Mayor Jack Haggerty reminded those in attendance that all deadlines are dependent upon the state budget cycle, and LaBonde confirmed that it would be January 2016 before funding would be available for any option.

Town Engineer Chris Lidstone, of Lidstone and Associates, explained that the town’s two wells provide a combined 3,200 gallons of water per minute to users, and that the impact of adding the LNISD to the system would be minimal. Lidstone reviewed the town’s proposal for those gathered, and pointed out that the town would only supply water to the master meter; the LNISD would be responsible for all tests and maintenance from that point on. In summation, Lidstone stated that the town could easily supply the water, but could not be responsible for pressure past the meter, or for taking care of the LNISD’s system. Lidstone remarked that multiple, private wells could affect the town’s water pressure, but volume would not be affected. “Ten Sleep has the capacity to serve a large city,” said Lidstone.

LaBonde added that the WWDC couldn’t force Ten Sleep to service the LNISD system after the meter, but if problems arouse, the WWDC could broker a deal with the town on behalf of the governor’s office.

Revisiting the WWDC’s vision of Ten Sleep becoming a “regional water supplier,” Ten Sleep resident Dan Marlin remarked that “It sounds like you want to develop the whole Basin. If you send our water all over, it will start to look like damn California around here. I’ve seen it happen before.”

Mayor Jack Haggerty thanked those in attendance for showing their interest, and indicated that all of the information would be considered when drafting the next phase of the proposal.

WWDC Director LaBonde will present his recommendations regarding the Lower Nowood Water Project to the joint meeting of the WWDC and Select Water Committee on Nov. 5 starting at 8:30 a.m. at the Wyoming Oil & Gas Conservation Commission Office in Casper. The meeting is open to the public.

The Ten Sleep Council has its regular meeting Nov. 3 at 7 p.m.