TECHNICAL MEMORANDUM

1

TO: WWDC DATE: May 12, 2010 FROM: MWH REFERENCE: Wind-Bighorn Basin Plan SUBJECT: Task 6A–Issues Affecting Future Water Use Opportunities This memorandum discusses known environmental processes, permits and other related issues associated with future water use opportunities within the Wind-Bighorn Basin. This memorandum fulfills the reporting requirements for Task 6A of the consultant scope of work for the Wind-Bighorn Basin Plan Update (Basin Plan Update).

Contents

Section 1 – Introduction ......................................................................................................................... 1

Section 2 –Water Management Issues .................................................................................................. 2

Issues Related to Tribal Compacts and Settlements .......................................................................... 2

Issues Related to Federal Projects ..................................................................................................... 3

Issues Related to Water Quality ......................................................................................................... 3

Section 3– Compact Requirements........................................................................................................ 3

Section 4– Funding Agency Requirements-WWDC ............................................................................... 4

Section 5 – Federal Legislation and Regional Laws ............................................................................... 5

NEPA- The National Environmental Policy Act ................................................................................... 5

Section 404 Permit ............................................................................................................................. 5

ESA - Endangered Species Act .......................................................................................................... 5

Fish and Wildlife Coordination Act ...................................................................................................... 6

Cultural Resources ............................................................................................................................. 6

CWA - Clean Water Act ...................................................................................................................... 9

SDWA - Safe Drinking Water Act ....................................................................................................... 9

Agency Requirements ........................................................................................................................ 9

Wild and Scenic Rivers Act ................................................................................................................ 9

Section 6 – Summary............................................................................................................................. 9

Section 7 – References ........................................................................................................................ 10

Appendix A .......................................................................................................................................... 11

Appendix B .......................................................................................................................................... 14

Section 1 – Introduction There are many legal requirements and regulatory and institutional issues that may influence future water management strategies and water use opportunities in the Wind-Bighorn Basin (Basin). These

2

include compact requirements, federal legislation such as the Endangered Species Act, and water quality issues and regulations which pertain to the Safe Drinking Water Act and the Clean Water Act. Water rights administration is also an important issue. Water rights are described in detail in Technical Memorandum 3H—Water Law and Administration. The Wind River Indian Reservation and its associated water rights and regulations are also an important factor for consideration in future water management. The agendas of various groups within the Basin can create water management issues between the groups themselves. For example, there have been conflicts between ranchers, governmental agencies, environmental groups and outdoor recreation groups for several decades. There have been efforts to restrict grazing on public land or to establish minimum stream flows for the purpose of protecting and enhancing fisheries. Also, there have been more stringent limitations on Total Dissolved Solids and Fecal Coliform bacteria concentrations permitted in water bodies. Issues such as these increase the complexity of managing land and water resources within the Basin. Potential future storage and conveyance projects are important for meeting Wyoming’s future water needs. Required permits and regulatory processes that may be associated with future water use opportunities are summarized herein.

Section 2 –Water Management Issues Several Basin Advisory Group (BAG) meetings were held during the Basin Plan Update. During these meetings, basin-wide issues and strategies were identified and discussed. A listing of the issues that have been identified to date can be found in Technical Memorandum 3G- BAG Issues. Key issues identified by the BAG include water use, water development, constraints of existing compacts, constraints of Tribal settlements, federal project contract limitations, and water quality issues. These issues are expanded upon in the sections below.

Issues Related to Tribal Compacts and Settlements

On the Wind River Indian Reservation, Tribal surface water rights are the oldest in the Basin and date back to 1868. Legal proceedings to adjudicate the water within the Bighorn Basin began in 1977 between the State of Wyoming and the Shoshone and Arapaho Tribes. The courts awarded the Tribes the right to a total of 500,000 acre-feet of water from the Wind River system, with approximately 209,000 acre-feet for dedicated future irrigation use within the Reservation. A full description of the legal proceedings and decisions can be found in Technical Memorandum 3H—Water Law and Administration. The State would like to ensure that the Tribes "futures" awards develops in a manner that remains consistent with the court’s interpretation of uses and places of use while minimizing injury to junior water right holders. It would also like to see rehabilitation projects to improve the distribution and efficiency of water delivery to Tribal lands (WWDC 2003). The impact of full development of Tribal reserved water rights is presented in Technical Memorandum 4C – Surface Water Availability. One issue within the Basin that is nearing resolution is the Reserved Water Rights Compact in Montana. The compact allocates a portion of the Bighorn River flow to the Crow Tribe. Litigation concerning water rights of the Crow Tribe on their Montana Reservation began in 1975. In 1985, the United States, the Tribe and the State of Montana entered into negotiations aimed at settling the Tribe's water rights claims. In 1999, the Crow Tribe and the State of Montana reached an agreement on a compact providing for an allocation of water for the Tribe, subordination of that right to existing state based water uses, water rights administration, water marketing, and dispute resolution mechanisms. The federal government did not approve or sign the compact. On September 22, 2009, the Crow Tribe Water Rights Settlement Act of 2009 (H.R. 3563) was proposed by the U.S. Bureau of Reclamation. The settlement would recognize a Tribal water right to 500,000 acre-feet per year of water from the flow of the Bighorn River, as well as up to 300,000 acre-feet of water per year from Bighorn Lake (150,000

3

acre-feet in all years and an additional 150,000 acre-feet in dry years when natural flow is short). The concession on the part of the Crow Tribe involves “shortage sharing” of their senior natural flow right with non-Indians (Connor 2009). No analysis of the impacts, if any, of the Crow Tribe settlement was performed as part of the Basin Plan Update.

Issues Related to Federal Projects

Several federal water projects within the Basin are part of the Pick-Sloan Missouri Basin Program Project. There are certain restrictions on how the water stored in the facilities can be obtained and used, which can vary from project to project. Repayment of Pick-Sloan Missouri Basin Program facilities are generally made by irrigation districts, which are typically funded through taxes on the district properties. These taxes help to repay the federal government, which provided funds to build and maintain the facilities. A more complete description of this project and the federal storage reservoirs can be found in Technical Memorandum 3F—Storage.

Issues Related to Water Quality

The State of Wyoming has empowered the Water Quality Division of the Department of Environmental Quality with the authority to permit and enforce surface water and groundwater standards and regulations throughout the state. The Wind River Indian Reservation has a similar department of environmental quality. State and tribal programs ensure that all new water projects comply with federal water quality regulations. Water quality issues and locations of impaired streams and lakes within the Basin are detailed in Technical Memorandum 6B - Water Quality. Waters are declared “impaired” when they fail to support their designated uses after full implementation of the National Pollution Discharge Elimination System (NPDES) permits and “best management practices.”

Section 3– Compact Requirements The Wyoming constitution declares water to be the property of the state. Interstate river basin compacts were established on most of Wyoming’s streams to protect Wyoming’s water resources from the more rapidly developing downstream states. Of the total 15.4 million acre-feet of water that flows out of the state, approximately 3.6 million acre-feet is protected under compacts for Wyoming’s future annual consumptive uses (Jacobs and Borsz 2000). All river basins within the Wind-Bighorn Basin Plan are tributary to the Yellowstone River in Montana. The two rivers having significant water use within Wyoming, the Bighorn River and the Clarks Fork River, are governed by the Yellowstone River Compact. The details of the Yellowstone Compact are outlined in Technical Memorandum 3H—Water Law and Administration. Table 1 displays the apportionment, average annual adjusted flows and Wyoming’s share for each system for the study period used in the model (1973-2008). The compact apportionment strictly governs the potential water use amount by each state, contributing to water management issues within the basin. The amount of water available for future development described in Technical Memorandum 4C – Surface Water Availability considers the amount of water available given the compact allocations.

4

Table 1. Compact Apportionment for River Systems in the Wind/Bighorn Basin

River Compact Apportionment

Avg. Annual Flow (Acre-feet)

Wyoming’s Apportionment (Acre-feet)

Montana’s Apportionment (Acre-feet)

Big Horn River 80% WY, 20% MT 2.32 million 1.86 million .46 million

Clarks Fork River 60% WY, 40% MT .7 million .42 million .28 million

TOTALS 3 million 2.14 million 0.88 million

Section 4– Funding Agency Requirements-WWDC In 1975, the Wyoming Legislature authorized the Wyoming Water Development Program. The Wyoming Water Development Commission (WWDC) assists in setting priorities and providing loans and grants for water development projects in Wyoming. The purpose of the Water Development Program is to utilize a portion of the financial resources the state receives from its non-renewable resources to develop a renewable resource, water. The WWDC has a “New Development Program” for projects that will help develop unused and/or unappropriated water. Water plans prepared by the Wyoming Water Development Office (WWDO) help to protect Wyoming’s water by documenting the need to develop additional sources to meet future demands. Other programs include a “Rehabilitation Program” to help fund older water supply infrastructure, and the “Dam and Reservoir Program” to assist with new storage projects. Projects are prioritized through a preferential/eligibility list. The WWDC project preferences are as follows (WWDC 2008):

• Multipurpose Projects - serve two or more functions

• Storage Projects

• Supply Projects - wells, diversion dams, etc.

• Supply Systems - bring source water closer to point of use • Hydropower Projects

• Existing Storage Purchase

• Recreation

• Drinking Water State Revolving Fund • Reimbursement of Temporary or Emergency Funding - for funds obtained from the State Land

Investment Board (SLIB)

If the WWDC chooses to recommend the project for funding, the project is assigned a study level (WWDC 2008).

• Level I - reconnaissance study. These studies include initial analyses of the project and its alternatives.

• Level II - feasibility study. These studies evaluate the project feasibility, conceptual design, operating plan and environmental analysis (NEPA, etc). This level prepares the project for the Level III funding request.

• Level III - project development. These studies include the final design, permitting and construction of the project.

Acceptance of a project is based on the following criteria (WWDC 2008):

• Project must be consistent with goals and objectives of WWDC program • WWDC must be the most appropriate source of funding

• No economic, legal, environmental or technical problems exist

• Projects must serve 20 or more municipal/domestic water taps or 2,000 or more irrigated acres

• Projects with non-state funding sources (local tax revenues, etc.) for repayment receive priority in project ranking

5

The WWDC prepares draft legislation, the Omnibus Water Bill - Planning, to appropriate funds to finance Level I and Level II studies. For Level III construction projects, WWDC prepares the Omnibus Water Bill – Construction to appropriate funds. The projects can commence once the bills are approved by the legislature. Typically, the WWDC is the lead agency in developing Level I and Level II reports. The WWDC solely funds the studies to ensure the unbiased reports are properly carried out. Further terms of the WWDC financial plan for Level III studies are summarized as follows (WWDC 2008):

• The typical grant shall be sixty-seven percent (67%) for proposed Level III projects. In order to obtain the typical grant, the sponsors must demonstrate to the WWDC that they have taken steps or are willing to take steps to make their water supply systems financially self supporting.

• The maximum grant shall be seventy-five percent (75%) for proposed Level III projects. In order to obtain the maximum grant, the sponsors must demonstrate to the WWDC that the maximum grant is warranted due to severe financial hardship.

• The WWDC may provide lesser grant amounts for proposed Level III projects that do not qualify for a typical or maximum grant. Statutory guidelines establish a minimum rate of four percent (4%) for program loans. The current rate is 4% but may be increased by the Legislature..

• Maximum loan term is fifty years after substantial completion of the project. The term of the loan shall never exceed the economic life of the improvements.

• Special circumstances may allow payment of interest and principal may be deferred up to five years after substantial completion of the project.

Section 5 – Federal Legislation and Regional Laws Federal legislation and regional laws governing future water use projects are similar if not identical to those encountered in other basins. The following discussion was adapted from the Cottonwood/Grass Creek Watershed Management Plan (SEH 2007) and presents permits and other federal Legislation potentially required for the development of future water use projects.

NEPA- The National Environmental Policy Act

NEPA is administered by federal agencies such as the Bureau of Reclamation, Army Corps of Engineers, Environmental Protection Agency (EPA), Bureau of Land Management and/or the Fish and Wildlife Service. NEPA compliance and documentation is required for any “proposed actions” having any of the following characteristics: the project site is located on federal land; the project involves federally owned infrastructure or facilities (e.g. dams, pipelines, etc); or the project requires any type of federal action or contracting process. The purpose of NEPA is to disclose, minimize and mitigate any adverse environmental consequences of the project. NEPA compliance can take several forms, including a Categorical Exclusion, Environmental Assessment (EA), or an Environmental Impact Statement (EIS). The EA and EIS processes can take anywhere from several months to several years to complete.

Section 404 Permit

All water development projects face environmental permitting issues. Typically the most significant permit to be secured is a Section 404 Dredge and Fill permit from the Corps of Engineers, Omaha District. The goal of the Section 404 permitting process is to minimize impacts to, and loss of, wetlands associated with “waters of the United States.” Acquiring this permit follows the initiation of NEPA and the establishment of a defensible Purpose and Need statement for the project.

ESA - Endangered Species Act

All new projects would have to prepare a biological assessment to determine effects on threatened and endangered plant and animal species and candidate species listed under the ESA (16 U.S.C. § 1531 et seq.) The U.S. Fish and Wildlife Service issues an opinion as to whether the project would adversely affect threatened or endangered species or their critical habitat. Table 2 lists federally listed

6

endangered, threatened and candidate species that may be affected by projects in the Basin counties (USFWS 2009). There are no currently available shapefiles that show critical habitat for these species within the Basin available for mapping. Critical habitat for the Desert Yellowhead, while in Fremont County, does not fall within Basin boundaries yet is listed in the table below. Table 2. Federal Endangered and Threatened Species

Species Scientific Name Status Counties Habitat

Black-footed Ferret

Mustela nigripes Endangered

Fremont, Park, Hot Springs, Big Horn, Washakie Prairie dog towns

Blowout Penstemon

Penstemon haydenii Endangered Fremont Sand blowouts or dunes

Canada Lynx Lynx canadensis Threatened

Fremont, Park, Hot Springs, Big Horn, Washakie

Montane forests, Designated areas include boreal forest landscapes within Fremont, Lincoln, Park, Sublette, and Teton Counties of Wyoming

Desert Yellowhead Yermo xanthocephalu Threatened Fremont

Beaver Rim--Designated for desert yellowhead in Fremont County, Wyoming and consists of 360 acres of Bureau of Land Management administered lands within portions of Township 31 North, Range 95 West, Sections 27 and 34

Grizzly Bear Ursus arctos horribilis Threatened

Fremont, Park, Hot Springs Montane forests

Ute Ladies’-tresses

Spiranthes diluvialis Threatened

Fremont, Park, Hot Springs, Big Horn, Washakie

Seasonally moist soils and wet meadows of drainages below 7,000 ft. elevation

Yellow-billed Cuckoo (Western)

Coccyzus americanus Candidate Fremont

Riparian areas west of Continental Divide

Gray Wolf Canis lupus Non-essential/ Experimental

Fremont, Park, Hot Springs, Big Horn Greater Yellowstone Ecosystem

Fish and Wildlife Coordination Act

The Fish and Wildlife Coordination Act requires federal agencies to protect fish and wildlife resources which may be affected by projects that result in the control or structural modification of any natural stream or water body. It requires the federal agencies involved with the project and the applicants to consult with state and federal wildlife agencies for the prevention, mitigation or compensation of any loss of wildlife resources associated with the project.

Cultural Resources

There are several laws and regulations to address potential impacts to cultural resources associated with future water projects. These include:

• National Historic Preservation Act of 1966 (16 U.S.C. § 470 et seq.)

• Archaeological Resources Protection Act of 1979 (16 U.S.C. § 470aa et seq.)

• National Park Service procedures concerning the National Register of Historic Places(NR) (36 CFR Part 60)

7

• Advisory Council on Historic Preservation’s Procedures for the Protection of Cultural Properties (36 CFR Part 800)

• Treatment of Archaeological Properties of 1980

• Determination of Eligibility for Inclusion in the NR (36 CFR 63)

• Secretary of Interior’s Standards and Guidelines for Archaeological Historical Preservation of 1983

• Reservoir Salvage Act of 1960 • 1974 Amendment to the Reservoir Salvage Act of 1960

• American Indian Religious Freedom Act of 1978 (P,L, 95341.42 U.S.C. § 1996)

• Section 4 of the Archaeological Resources Protection Act of 1979

Areas with cultural artifacts and other more sensitive resources do not have readily available mapping locations to protect them from vandalism. A cultural resources survey was not included in this Basin Plan Update. It is very likely that other important cultural resources exist within the Basin, possibly at the location of future storage sites or along future project alignments. This is due to the prehistoric use of the area by various Tribes and the abundance of fossils in the geology of the area. Historic trails and monuments within the Basin are shown in Figure 1. These sites are included in the National Register of Historic Places and are protected from future disturbance. A table listing the names of the trails and monuments with their corresponding map numbers can be found in Appendix B.

8

Figure 1. Cultural Resources

See GIS layer for numbers that overlap.

9

CWA - Clean Water Act

The federal Clean Water Act is administered in Wyoming by the Department of Environmental Quality (WDEQ), Water Quality Division consistent with the Wyoming Environmental Quality Act. The EPA has oversight responsibility for the CWA programs administered by the WDEQ. The EPA may intervene to resolve interstate disputes where upstream discharges of pollutants may affect water quality in a downstream state. Discharge of pollutants into “waters of the state” requires a permit issued by the WDEQ in accordance with the Water Quality Division Rules and Regulations. These regulations classify surface and groundwater uses and establish water quality standards. A Section 401 Certification from the state ensures activities authorized under Section 404 meet state water quality standards.

SDWA - Safe Drinking Water Act

The Safe Drinking Water Act (SDWA) was originally passed by Congress in 1974 to protect public health by regulating the nation's public drinking water supply. The law was amended in 1986 and 1996 and requires many actions to protect drinking water and its sources: rivers, lakes, reservoirs, springs, and groundwater wells. (SDWA does not regulate private wells which serve fewer than 25 individuals.) The SDWA is administered in Wyoming by the Department of Environmental Quality (WDEQ), Water Quality Division consistent with the Wyoming Environmental Quality Act.

Agency Requirements

The Wyoming Dam Safety Law (W.S. 41-3) requires anyone who proposes to construct a dam greater than 20 feet high or which will impound more than 50 acre feet of water or who proposes to construct a diversion system which will carry more than 50 cubic feet per second of water to obtain approval from the State of Wyoming, State Engineer’s Office (WSEO). The Wind-Bighorn Basin has 10 conservation districts. The districts operate a variety of programs designed to minimize agricultural related impacts to water and natural resources. The Natural Resources Conservation Service (NRCS) also operates a variety of programs with the same goals. These agencies cooperate with respect to water quality protection and enhancement through water quality sampling and analysis relative to 303 (d) and by sponsoring watershed planning studies. Appendix A contains a table of water quality programs within the Basin and the agencies involved with them from the original Basin Plan (BRS 2003). Special Use Permits and rights of way or easements may be required for any project where access across the lands of others is needed for construction and/or operation of the project facilities. These may be temporary or permanent.

Wild and Scenic Rivers Act

The National Wild and Scenic Rivers System was created by Congress in 1968 (Public Law 90-542; 16 U.S.C. 1271 et seq.). The act prohibits federal support for projects such as the construction of dams or other instream activities that would harm the river's free-flowing condition, water quality, or outstanding resource values. However, designation does not affect existing water rights or the existing jurisdiction of states and the federal government over waters as determined by established principles of law. The Clarks Fork River is the only federally designated “wild and scenic” river in the state of Wyoming.

Section 6 – Summary Many legal, regulatory and institutional issues surround future opportunities for water projects. Cooperation and consideration between various agencies is essential in water management. Future

10

development will depend on existing compacts and Tribal settlements, federal project contract limitations, water quality issues and federal and state laws and regulations. Development of Wyoming’s water is critical for its preservation due to the rapid development occurring in downstream states. The WWDC is instrumental in assisting in advancing water development projects within the state through funding of projects and water basin studies that evaluate the critical issues involved with the projects.

Section 7 – References BRS Engineering. 2003. Technical Memorandum entitled “Opportunities to Enhance and Protect Water

Quality.” Prepared for the WWDC-Wind/Big Horn Basin Plan. May. Connor, Michael L. 2009. Commissioner—Bureau of Reclamation. Statement before the Natural

Resources Committee Subcommittee on Water and Power, U.S. House of Representatives on H.R. 3563: Crow Tribe Water Rights Settlement Act of 2009. September 22. Available online at http://www.usbr.gov/newsroom/testimony/detail.cfm?RecordID=1482

Jacobs, James and D. Brosz. 2000. Wyoming’s Water Resources. University of Wyoming. College of

Agriculture. Cooperative Extension Service. B-969R. August. Short Elliot Hendrickson Inc (SEH). 2007. Cottonwood/Grass Creek Watershed Management Plan.

Level 1 Study. Chapter 4—Permits. Submitted to the Wyoming Water Development Commission. October 10.

U.S. Fish and Wildlife Service (USFWS) 2009. Wyoming Listed Threatened and Endangered Species

listed by county. Available online at http://www.fws.gov/wyominges/species_endangered.html Wyoming Water Development Commission (WWDC). 2008. Operating Criteria of the Wyoming Water

Development Program. June 5. Available online at http://wwdc.state.wy.us/opcrit/final_opcrit.pdf

11

Appendix A Table 3. Water Quality Programs (BRS 2003)

Program Implementing Agency Authority Type

1 Program Description

NPDES DEQ/WDQ EQA Article 3 Chapter 2, 4,7,10,18

SW PS

Any discharge to surface waters of the state requires a permit to discharge. Each permitted discharge must meet effluent limitations within the TDML allocations and maintain the use of the receiving water body. http://deq.state.wy.us/wqd.htm

Permit to Construct

DEQ/WDQ

EQA Article 3 Chapter 3, 5, 11, 12, 15, 20, 21

SW GW PS

Any public water supply system or any facility capable of causing or contributing to pollution is required to obtain a permit to construct prior to commencing construction.

Nonpoint Source Management and Control

DEQ/WDQ

EQA Article 3 Section 319 of CWA

SW GW NPS

The state nonpoint source control program is a voluntary and incentive based program. The program seeks to control through education and encouragement of Best Management Practices, including demonstration, information and education, and restoration projects. Assessments and demonstration projects are selected for funding by Wyoming Nonpoint Source Task Force. The NPS Program manages Wyoming's allocations provided as grants by Section 319 and 205(j) of the Clean Water Act. The Nonpoint Source Management Plan is available at http://deq.state.wy.us/wqd/.htm

Water Quality Assessments & Impaired Surface Water Bodies

DEQ/WDQ

EQA Article 3, S. 305(b) & 303(d) of CWA

SW GW NPS PS

Section 305(b) of the Clean Water Act requires each state to asses and report on the quality of waters on a 2 year frequency. Section 303(d) requires each state every two years to list water bodies which are water quality impaired or threatened. This report and list are available at http://deq.state.wy.us/wqd/wtrshedpg.htm

Surface Water Monitoring

DEQ/WDQ

EQA Article 3

SW PS NPS

The WQD is progressing toward a more comprehensive monitoring and assessment program. In 1996, the Legislature passed a credible data law requiring the WDQ to ensure all scientifically valid data be used. This credible data law has significantly increased monitoring of surface water in Wyoming. Monitoring efforts by WDQ to comply with the credible data law are contained in the 305(b) report.

404 Permit

US Army Corps of Engineers

Clean Water Act

SW PS NPS

A permit is required from the Army Corps of Engineers to discharge dredge or fill material into navigable waters.

401 Certifications

DEQ/WDQ

EQA Article 3

SW PS NPS

Any application for a Army Corp of Engineers 404 degree and fill permit requires a certification from WQD that the dredge or fill will comply with all the requirements of Sections 301,302,303,306 & 307 of the Clean Water Act.

Spill Program

DEQ/WDQ

EQA Article 3 Chapter 4

SW GW PS

Any person owning or having control over oil or a hazardous substance, which after release, enters or threatens to enter waters of the state shall take action to stop and contain the release, notify WDQ, correct the cause, clean up the release and dispose of the waste in an acceptable manner.

12

Program Implementing Agency Authority Type

1 Program Description

Source Water Protection

DEQ/WDQ

EQA Article 3

SW GW

Wyoming has developed a voluntary source water protection program as required by each state under Section 1453 of the SDWA. Source water assessment involves four steps: delineate the area which contributes water to the well or surface water intake: inventory of potential sources of contamination; complete an analysis of the susceptibility of the well or intake to contamination from the previous inventory; and draft up a report summarizing the findings.

Wellhead Protection Program

DEQ/WDQ

EQA Article 3

GW

Wyoming has developed and received approval from EPA endorsing its wellhead protection program developed pursuant to Section 1428 of the SDWA. The program is voluntary and allows public water supply systems to protect groundwater sources of supply.

Abandoned Mines

DEQ/AML

Article 12

PS NPS SW GW

The abandoned mines program accomplishes reclamation of eligible properties adversely affected by mining prior to August 3, 1977. For those AML Projects located within or proximate to surface drainages, surface water quality is generally enhanced

Landfills & Hazardous Wastes

DEQ/SHWD

EQA Article 5

PS SW GW

The SHWD has primacy of the federal RCRA program regulating hazardous waste generators and transporters, hazardous waste treatment, storage and disposal facility operators, and hazardous waste corrective actions.

Superfund Sites

US EPA

CERCLA

EPA regulates superfund sites in Wyoming.

Well Construction & Abandonment

WY State Engineer (WSEO)

WSEO Regulation

PS GW

The state engineer has regulations requiring adequate design, construction and abandonment of wells to protect groundwater resources.

Underground Storage Tanks

DEQ/WDQ

EQA Article 14

PS SW GW

Wyoming has primacy of the federal RCRA program regulating underground storage tanks (UST)).

13

Program Implementing Agency Authority Type

1 Program Description

Underground Injection Control Wells

DEQ/WDQ DEQ/LQD OGCC

EQA Article 3 Chapters 13 & 16 Article 4 W.S. 30-5- 101 thru 305

PS GW

Any person who construct, installs, or operates a Class I,IV, or V underground injection control well must first obtain a permit from the DEQ/WQD. Class I wells are deep injection wells that discharge into Class VI groundwater formation and include hazardous waste wells of which there are none in Wyoming. Commercial Class II wells are regulated as a Class I well. Class IV wells inject hazardous waste into shallow aquifers and are prohibited. Class V wells are wells, other than the other 4 classifications, injecting into or above underground sources of drinking water such as drain fields, air conditioning return wells, dry wells, etc. Any person injecting into a class III well must obtain a permit or license from DEQ/WQD. A class III well injects into or above drinking water for the purpose of extracting minerals. The most common in situ mining wells in Wyoming are uranium and soda ash. Any person injecting into a noncommercial class II well is required to obtain a permit from the Wyoming Oil and Gas Conservation Commission. Class II wells inject fluids which are brought to the surface in connection with natural gas storage and operations or conventional oil and gas production, fluids for enhanced recovery of oil or natural gas and for storage of hydrocarbons.

State Pesticide Management Plan (SMP)

WY Dept. of Agriculture

W.S. 35-7- 350 thru 374

NPS SW GW

The Department of Agriculture has developed a SMP directed at the production of water resources from the application of pesticides. The SMP program has received EPA approval.

SMP GW Monitoring

WY Dept. of Agriculture

W.S. 35-7- 350 thru 374

GW

Utilizing pesticide registration fees and funding from 319 grants, the USGS has been contracted to conduct a state-wide assessment of the contamination of groundwater caused by pesticides. Of the counties completed at the time of this report, no levels above drinking water maximum contaminant levels have been found. Monitoring results can be accessed at http://wy.water.usgs.gov/projects/pests/index.htm

Mines

DEQ/LQD

EQA Article 4

PS NPS SW GW

License or permits are required for any mining operation or operation by which solid minerals are intended to be extracted from the earth. This includes surface and underground mining. The extraction of sand, gravel, dirt, scoria, limestone, dolomite, shale, ballast, or feldspar by a landowner for noncommercial use does not require a permit nor does an area of less than 10 surface acres under certain conditions.

1) PS: Point Source, NPS: Non-Point Source, SW: Surface Water, GW: Groundwater

14

Appendix B

ID NAME TYPE

1 Fort Thompson/Camp McGraw Fort

2 Fort Washakie Fort

3 Fort Stambaugh Marker Marker

4 Barr, Mason, Morgan Memorial Marker Marker

5 Site of Fort Washakie Marker Marker

6 Fort Washakie Marker Marker

7 Merrit's Pass Marker Marker

8 Pioneer Square Memorial Park

9 Miner's Delight Cemetery Monument

10 Lander Valley Historical Sites Monument

11 Camp Brown Marker Monument

12 Pioneer Monuments Monument

13 Washakie Monument Monument

14 Washakie Grave Monument

15 Reverend William Barrow Pugh Monument Monument

16 Union Pass Monument Monument

17 Sheepman Burial Site Monument

18 Spring Creek Raid Wagon Monuments Monument

19 "Dad" Worland Monument Monument

20 Leigh Monument Monument

21 Fire Fighters Monument Monument

22 Vietnam War Memorial Monument

23 Newton Lakes - Trail Creek Ranch Cemetery Monument

24 Mormon Colonists Monument Monument

25 Sacajawea Monument Monument with Plaque

26 Sacajawea Grave Monument with Plaque

27 Richards and Hall Memorial Plaque Monument with Plaque

28 Trappers Rendezvous Monument Monument with Plaque

29 Tie Hack Monument and Interpretive Display Monument with Plaque

30 W. A. Richards Monument Monument with Plaque

31 Amelia Earhart Monument Monument with Plaque

32 Fire Fighter's Memorial Monument with Plaque

33 Heart Mtn Relocation Center Monument Monument with Plaque

34 Dead Indian Summit Monument Monument with Plaque

35 Frank N. Hammitt Monument Monument with Plaque

36 Men of Cowley Wyoming War Memorial - WWI & WWII Monument with Plaque

37 Hot Springs State Park Monuments Monument with Sign

38 Block House Plaque Plaque

39 Robert's School for Indian Girls Plaque Plaque

40 Reverend Randal Memorial Plaque Plaque

41 Union Pass Interpretive Plaques Plaque

42 Legend Rock Petroglyph Site Plaque

43 Heart Mountain Relocation Center Plaque Plaque

44 Fort Thompson (Camp McGraw) Information Sign Sign

45 Bonneville Cabins Interpretive Sign Sign

15

ID NAME TYPE

46 Shoshone-Episcopal Mission Information Sign Sign

47 Fort Washakie Information Sign Sign

48 Riverton Project Sign

49 Crowheart Butte Information Sign Sign

50 Wind River Canyon Information Sign Sign

51 Original Site of Boysen Dam Sign

52 Wedding of the Waters Sign

53 World's Largest Mineral Hot Springs Information Sign Sign

54 Hot Springs State Park Information Sign Sign

55 Bridger Trail - Bighorn River Crossing - Kirby Sign

56 Spring Creek Raid Information Sign Sign

57 Colby Mammoth Kill Information Sign Sign

58 Jim Bridger Historic Trail Sign

59 First Washakie County Church Information Sign Sign

60 Leigh Creek Monument Information Sign Sign

61 Arland Information Sign (1884-1897) Sign

62 Halfway House Stage Stop Sign

63 Castle Rock Information Sign Sign

64 Bridger Trail - Y U Bench NE Sign

65 Absaroka Volcanic Field Information Sign Sign

66 Wiley Ditch Information Sign Sign

67 Shoshone Project Story - Buffalo Bill Reservoir Sign

68 Lower Shell School House Sign

69 Colter's Hell Sign

70 Shoshone Canyon Information Sign Sign

71 Shoshone Project Story - Shoshone River Siphon Sign

72 "Corbett's Shebang" at Stinking Water Sign

73 Shoshone Project Story - Corbett Dam Sign

74 Sheep Mountain Sign

75 Shoshone Project Story - Willwood Dam Sign

76 Eagles Nest Stage Station Sign

77 Shoshone Project Story - Ralston Reservoir Sign

78 Chief Joseph Highway - East Sign

79 Sidon Canal Information Sign Sign

80 Chief Joseph Highway - West Sign

81 Shoshone Project Story - Project Overview Sign

82 Cowley - Community and Academy Sign

83 Shoshone Project Story - Deaver Reservoir Sign

84 Nez Perce Trail Sign

85 Buffalo Bill Statue Statue

86 Louis Lake Trail trail

87 Christina Lake Trail trail

88 Shoshone Stock Driveway trail

89 Indian Trail trail

90 Wolf Trail trail

91 Stough Creek Basin Trail trail

92 Middle Fork Trail trail

93 Petes Lake Trail trail

94 Pinto Park Trail trail

16

ID NAME TYPE

95 Cold Spring Trail trail

96 Ice Lakes Trail trail

97 Squaw Creek Trail trail

98 High Meadow Trail trail

99 Farlow Trail trail

100 Lizard Head Trail trail

101 Smith Lake Trail trail

102 Bears Ears Trail trail

103 Moss Lake Trail trail

104 Gaylord Lake Trail trail

105 Washakie Trail trail

106 Blue Trail trail

107 Fremont Trail trail

108 Yellow Trail trail

109 Glacier Trail trail

110 Dry Creek Trail trail

111 Okie Trail trail

112 Ink Wells Trail trail

113 Dinwoody Trail trail

114 E-k Trail trail

115 Johnson Trail trail

116 Whiskey Mountain Trail trail

117 Ross Lake Trail trail

118 C M Trail trail

119 Moon Lake Trail trail

120 Jakeys Fork Trail trail

121 Union Pass Trail trail

122 Geyser Creek Trail trail

123 Devils Hole Trail trail

124 Fish Lake Trail trail

125 Sheridan Trail trail

126 Boundary Trail trail

127 Pelham Lake Trail trail

128 Burroughs Creek Trail trail

129 Ramshorn Trail trail

130 Parque Creek Trail trail

131 Kisinger Lakes Trail trail

132 Indian Point Trail trail

133 Du Noir Trail trail

134 Tepee Creek Trail trail

135 Pinnacle Trail trail

136 Ramshorn Trail trail

137 DuNoir Trail trail

138 Rock Creek Trail trail

139 Bear Creek Trail trail

140 East Du Noir Trail trail

141 Ninemile Trail trail

142 Wind River Trail trail

143 East Fork Trail trail

17

ID NAME TYPE

144 Wiggins Fork Trail trail

145 Twilight Creek Trail trail

146 Wind River Trail trail

147 Absaroka Trail trail

148 Cascade Creek Trail trail

149 Frontier Creek Trail trail

150 Smuggler Gulch Trail trail

151 Crescent Trail trail

152 Shoshone Trail trail

153 Cougar Pass Trail trail

154 Greybull River Trail trail

155 Gooseberry Trail trail

156 Timber Creek Trail trail

157 Greybull River Trail trail

158 South Fork Trail trail

159 Little Venus Cutoff Trail trail

160 Marbel Mountain Trail trail

161 Venus Basin Trail trail

162 Haymaker Timber Creek Trail trail

163 Yellowstone Trail trail

164 Anderson Creek Trail trail

165 Zig-Zag Trail trail

166 Boulder Basin Trail trail

167 South Fork Trail trail

168 Piney Creek Trail trail

169 Jack Creek Trail trail

170 Vick Creek Cutoff Trail trail

171 Warhouse Trail trail

172 South Piney Trail trail

173 Butte Creek Trail trail

174 Thorofare Trail trail

175 Thorofare Trail trail

176 Pass Creek Trail trail

177 Open Creek Trail trail

178 Two Ocean Plateau Trail trail

179 Ishawooa Mesa Trail trail

180 Ishawooa Trail trail

181 Mistymoon Trail trail

182 Trail Creek Trail trail

183 Mountain Creek Trail trail

184 Trail Creek Trail trail

185 Main Paint Rock Trail trail

186 Kinky White Trail trail

187 North High Park Trail trail

188 Riddle Lake Trail trail

189 Natural Bridge Trail trail

190 Table Mountain Trail trail

191 Cliff Lake Trail trail

192 Edelman Trail trail

18

ID NAME TYPE

193 Fire Memorial Trail trail

194 Blackwater Trail trail

195 Summit Lake Trail trail

196 Mallard Lake Trail trail

197 Clear Creek Trail trail

198 Adelaide Trail trail

199 Jones Pass Trail trail

200 Fairy Creek Trail trail

201 Bench Trail trail

202 Trout Creek Trail trail

203 Pelican Creek Trail trail

204 Pahaska Sunlight Trail trail

205 Elephant Back Loop Trail trail

206 Dry Horse Trail trail

207 Mary Mountain Trail trail

208 Old Fountain Trail trail

209 Elkhorn Trail trail

210 Pelican Cone Trail trail

211 Mist Creek Trail trail

212 Frost Lake Trail trail

213 Plateau Trail trail

214 Lamar River Trail trail

215 Tern Lake Trail trail

216 Jim Bridger Trail trail

217 Wapiti Lake Trail trail

218 Sour Creek Trail trail

219 Ribbon Lake Trail trail

220 Wolf Lake Trail trail

221 Ice Lakes Trail trail

222 Cougar Creek Trail trail

223 Gneiss Creek Trail trail

224 Glacial Boulder Trail trail

225 Miller Creek Trail trail

226 Howard Eaton Trail trail

227 Sevenmile Hole Trail trail

228 Lodgepole Trail trail

229 Papoose Trail trail

230 Mount Washburn Spur Trail trail

231 Crandall Trail trail

232 Reef Creek Trail trail

233 Mount Holmes Trail trail

234 Crandall Cutoff Trail trail

235 Morrison Trail trail

236 Lewis And Clark Trail trail

237 Specimen Ridge Trail trail

238 Jim Bridger Trail trail

239 Squaw Creek Trail trail

240 North Crandall Trail trail

241 Burnt Trail trail

19

ID NAME TYPE

242 Bighorn Pass Trail trail

243 Thunderer Cutoff Trail trail

244 Beartooth Loop National Recreation Trail trail

245 Pilot Creek Trail trail

246 Fawn Pass Trail trail

247 Beauty Lake Trail trail

248 Clay Butte Trail trail

249 Granite Loop Trail trail

250 Lost Lake Trail trail

251 Beartooth Highlakes Trail trail

252 Upper Granite Loop Trail trail

253 Crazy Lakes Trail trail

254 Copeland Lake Trail trail

255 Lake Reno Trail trail

256 Republic Trail trail

257 Crazy Mountain Trail trail

258 Lower Blacktail Trail trail

259 Coyote Creek Trail trail

260 Rescue Creek Trail trail

261 Sepulcher Loop Trail trail

262 Yellowstone River Trail trail

263 Buffalo Plateau Trail trail

264 Beaver Lakes Loop Trail trail

265 Sportsman Lake Trail trail