ACR eminent domain decision to be made after election

The Nowood Watershed Improvement District board authorized their attorney to proceed with final offers to acquire outstanding easements and land acquisitions at a special meeting held in Hyattville Community Center on Saturday, Oct. 17. The action moves forward the process of implementing eminent domain on five property owners in the Hyattville area for land and easements needed to kickstart the stagnant Alkali Creek Reservoir project, though the final decision to claim eminent domain will now come after the November 3 general election. 

The majority of NWID seats are up for election, with board chair Martin Mercer and directors John Joyce and Mitch Vigil all running as incumbents against new candidates Tom Shirran, Douglas Hamilton and Todd Jones. 

“I believe, if this board still sits here, or partial, enough to carry the vote, eminent domain will proceed,” Mercer said. “Not because we want to eminent domain our neighbors. That is not our intent. We have a funded project here. It’s permitted. The state has spent upwards of $6 million to get us to this point. This board feels that it’s their responsibility to move this project forward.”

DISCUSSION

Roughly 60 people attended Saturday’s meeting. Jones opened public comment with a blessing. 

“Father, we come to you, and we know we have some angst...,” Jones said. “...we just want to thank you for your mercy and your faithfulness because you have been at our side this whole time. We ask that everybody in this room open their hearts to you first, and then to the others, because we’re required and commanded to love our neighbor.”

And compared to past NWID discussions regarding eminent domain, the meeting was fairly tame. The format strayed from traditional public comment, instead acting as more of a forum. 

Tim Gardiner, a landowner located downstream of the proposed Alkali Creek Reservoir, presented his concerns. Gardiner alleged NWID board members have promoted the project for their personal gain at the public’s expense. 

The proposed price of the project has fluctuated over time, last presented by the state in 2025 around $80 million, but as high as $113 million in the past. Mercer noted that a ditch-to-pipe approach pitched by the Wyoming Water Development Office to landowners in order to acquire the final easements needed to start the project was estimated at $39 million, not yet finalized. The ACR project is estimated to benefit 33 irrigators; Gardiner argued by his count, 25, considering how many irrigators would be shareholders. 

Joyce rebutted Gardiner’s point. “Although (Gardiner is) entitled to his opinion, the characterization that the district and the reservoir project were put in place to benefit a few people is not accurate,” Joyce said.  Vigil added that almost 80% of NWID voters were in favor of the project in 2015, when the district was formed. 

Later in the meeting, Joyce explained, “For right now, if you don’t own shares, you can’t turn out water, so that is a problem. But it’s an unfortunate one, and we tried really hard when we were allocating shares to convince people that we thought would benefit to purchase shares, but they chose not to.”

Another argument has been the water exchange, which would allow junior direct flow water right holders located above the reservoir, with shares in the reservoir, to satisfy downstream senior rights by releasing water from the reservoir. 

“There’s a financial burden, potentially, that falls on a water share owner in the dam that may not be in anticipation of using the water for exchange that may not be evident here,” landowner Phil Caines said. “There are engineering fees for paying private hydrologists to draft the petitions and map out the watersheds water data. There’s technology costs that I don’t know that have been addressed as far as being able to measure the water at the various points of exchange.”

Shirran, an upstream landowner facing eminent domain, asked if having more water available downstream would completely prevent landowners like Mercer, who owns land above and below the proposed reservoir site, from utilizing upstream water. 

“There’s a way better opportunity of it if (ACR) goes in than if not. If it doesn’t go in, it’s going to stay the same as it is. So, I guess I’m willing to take that risk of trying to help upstream users,” Mercer said. 

It was also asked if smaller reservoirs could be placed up the Nowood River to benefit upstream users. Mascaro suggested that those interested in such a project formally present it to the NWID board. 

“In my opinion, if we can get one built, then there’ll be opportunities to build many more,” Mercer said. 

Questions were asked regarding NWID’s and WWDO’s ability to get the project rolling within their deadline. The 2026 Omnibus Water Bill states that ACR will be given no further time extensions from the legislature. Beginning January 1, funds from the state may not be used to exercise eminent domain for the project, and the overall reversion date is July 1.

The state has allocated only $59 million for ACR. The board was asked if additional funding would be provided. While the board conveyed that they believe the state could provide more funding, Joyce also noted the cost of the reservoir could ultimately fall on shareholders if state money runs out. Further state and federal funding would be sought before that action. 

“If this community wants a reservoir, this is our chance...,” Vigil said. “We pretty well upset the Mohicans down at the state. If we don’t get her done, we’re probably done in this community. So, you got to decide: do you want water or not?”