Carbon County Ranchers & Landowners Challenge State Approval of HF Sinclair Water Plan

Ranchers and landowners in Carbon County, Wyoming, have filed an appeal against a water exchange plan approved by the Wyoming State Engineer for HF Sinclair. The plan, as approved, allows the Texas-based corporation to transfer water from the North Platte River to its oil refinery in Sinclair, Wyoming. Local ranchers and landowners contend the approval violates Wyoming water laws and have requested that the Wyoming Board of Control overturn the decision.

The appeal focuses on the intended water usage and compliance with existing Wyoming law, which designates water removed from the North Platte River solely for farming and irrigation. According to HF Sinclair’s application, however, the corporation intends to use the water for industrial refinery operations. The appellants argue that HF Sinclair’s plan constitutes a “change of use” under Wyoming law, not an “exchange.” They assert that a change of use requires a separate legal process, which has been bypassed in this case.

The timing of the proposed exchange is another key concern. A lawful water exchange requires a simultaneous trade, but HF Sinclair’s plan falls short of this standard. The corporation proposes to take water annually from the North Platte River between February and April, while providing replacement water only during the irrigation season, from May to September. The appeal argues that this staggered approach fails to meet the legal definition of a water exchange.

Local ranchers and landowners are also concerned the plan may violate a 2001 agreement, known as the Nebraska v. Wyoming decree, which governs water use from the North Platte River. They point out that HF Sinclair’s proposal lacks clarity on how replacement water will be delivered, raising fears of potential mismanagement or illegal use of water resources.

“If the appeal is unsuccessful, the HF Sinclair water agreement could set a troubling precedent,” said Jack Berger, a local rancher and one of the appellants. “Allowing the exchange to proceed could alter Wyoming’s unique water rights system, where water is owned collectively by the people of the state. We’re concerned this decision could lead to treating water as a commodity, as has happened in neighboring Colorado, instead of as a shared and managed resource.”

The appeal also highlights technical and procedural issues. Ranchers and landowners question whether HF Sinclair’s calculations for water loss due to evaporation are accurate and up to date. They further claim that the Wyoming State Engineer approved Sinclair’s plan without first resolving other outstanding water rights issues in the area, creating unnecessary confusion and risks of mismanagement.

“While we acknowledge the economic importance of HF Sinclair’s refinery to Carbon County, the broader public interest must take precedence,”

said Jon Nelson, a Saratoga resident. “The needs of ranchers, wildlife, and downstream communities that rely on the North Platte River must be given equal consideration. It’s evident the State Engineer favored a corporation without sufficiently protecting the interests of other water users.”

The Wyoming Board of Control is currently reviewing the appeal. Carbon County communities, ranchers, and landowners hope the appeal will result in a more balanced and lawful approach to water management, safeguarding Wyoming’s resources for all its citizens.

Contact: Wendy Curran, Peryam Ranch, Phone: (307) 631-2107, Email: curran.wendy@gmail.com