CHEYENNE — The Wyoming Game and Fish Department is seeking instream flow water rights for segments of six streams in the Bighorn National Forest. All segments are entirely on U.S. Forest Service lands in the Game and Fish’s Cody Region. The proposed water rights are important to maintaining populations of Yellowstone cutthroat trout in their native range.

Three of the proposed instream flow segments are Buckskin Ed Creek, Cedar Creek and Soldier Creek in Bighorn County’s Nowood River Basin. A segment also is proposed for Trout Creek near the Wyoming-Montana Border in northeast Bighorn County. The other two segments are on the West Fork Little Bighorn River and Lodge Grass Creek in northwest Sheridan County. The proposed water rights would protect flows in 24 miles of the streams. Information about the proposed instream flow segments can be viewed on the Game and Fish website. Game and Fish conducted instream flow investigations on the six creeks in 2012-13 to determine flows needed to maintain the existing Yellowstone Cutthroat trout populations. 

“Water is the most important part of fish habitat. Maintaining adequate amounts of water

in streams year-round is critical for maintaining and improving the long-term health of fish populations,” said Del Lobb, Game and Fish instream flow biologist. 

Instream flow water rights are one of the tools Game and Fish uses to protect fish habitat and essential river functions. The rights ensure water keeps flowing in streams for fisheries purposes while protecting existing water users. 

The six stream segments are within the Yellowstone cutthroat trout’s native range. Habitat changes and nonnative species have restricted this Wyoming Species of Greatest Conservation Need to about 25% of its native range in Wyoming.

“Securing the water rights means the streams will continue to provide critical habitat for spawning, passage and year-round survival of Yellowstone cutthroat trout,” Lobb said. “Protecting flows in these headwater streams will help conserve the remaining Wyoming populations of this species.”  

Securing instream flow water rights on these and other streams has additional benefits. “Instream flow rights also help Wyoming’s tourism industry, which in large part depends on flowing streams that provide angling and boating opportunities and enhance sight-seeing, hiking, hunting and camping,” Lobb added.

Game and Fish prepared six applications for the instream flow water rights. The Wyoming Water  Development Office, the official applicant for the State of Wyoming, submitted the applications to the Wyoming State Engineer’s Office and conducted a hydrologic feasibility study. Information about the applications can be viewed on the State of Wyoming instream flow filings page.

The State Engineer’s Office is holding two public hearings to share information and receive comments on the proposed water rights. The first hearing is for Buckskin Ed, Cedar and Soldier creeks at 9 a.m. April 29 in Basin at the Big Horn County Fair Hall.

The second hearing is at 9 a.m. April 30 at the Dayton Town Hall/Lucille Alley Room, 608 Broadway Ave. in Dayton for Trout Creek, Lodge Grass Creek and West Fork Little Bighorn River. 

Each hearing will be recorded and made available for anyone who is unable to attend. The public hearing is a benchmark in a multi-step process to acquire instream flow water rights. The process is detailed in a brochure on the Game and Fish website.

If the water rights are approved by the State Engineer’s Office following the public hearing, these six stream segments will add to the 123 instream flow segments already secured for fish in Wyoming. Currently 512 miles — of the more than 25,000 miles of streams with fisheries in Wyoming — have permitted or adjudicated instream flow water rights for sport fisheries and native fish conservation.

For questions about how to participate in the virtual public hearing, details of the

applications or the subsequent meeting recording, contact Jed Rockweiler at 307-777-6202 or jed.rockweiler@wyo.gov.