Don't expect Wyoming's 2003 legislative session to be a barnburner, says a public policy observer - it is more like a get-aquainted, courtship dance between a new Democratic governor and a Republican legislature.

"This is going to be a different sort of session," predicts Tom Throop, executive director for the Equality State Policy Center, and a lobbyist in Cheyenne. "One-third of the Legislature is new and we've got a new governor, so people are cautious and not as aggressive."

Instead of focusing on a dozen bills, Throop has narrowed his focus to just a few, most notably Senate File 23 - a regulatory takings bill sponsored by the Joint Agriculture, Public Lands and Water Resources Interim Committee.

"Basically, it would force state and local governments to pay property owners, if a governmental action reduced the value of that property owner's property," Throop said. "It is an absurd measure that has been introduced and rejected before." He said it would undercut state and local governments' ability to build public infrastructure such as roads, sewer lines or water projects.

The joint committee is chaired by Sen. Gerald Geis, R-S20 and Rep. Jim Hageman, R-H5.

Jason Marsden, executive director for Wyoming Conservation Voters, also has concerns about SF 23.

"I think it would open up a real can of worms," he said, creating a mechanism and a state office that would actively encourage property owners to file frivolous lawsuits against state and local governments.

"This bill could make it impossible for the state or local governments to take any action to protect public health or public safety," Marsden said.

Jim Magagna, executive director for the Wyoming Stock Growers, said his group and others asked the interim committee for the takings bill - mostly because a 1995 takings bill seemed to have been ignored by state agencies. The new bill came up for a hearing last Thursday and generated a lot of support and opposition. "We're going to make some changes and try again," Magagna said.

Marsden said he's enthusiastically favoring Senate File 72 , which introduces a new level of flexibility in Wyoming water law, allowing individuals to retain ownership of their water rights, yet have the flexibility to lease water to others, or even allow water to stay instream, thereby contributing to fish habitat and water quality for downstream users.

"I think it is a creative solution," Marsden said. Instead of facing a stark use it or lose it choice, water rights owners would have many options under SF 72, crafted by Sen. Cale Case, R-SD25, yet continue to exercise long-term ownership and control. "This won't undo Wyoming water law," Marsden said, noting that it is similar to a law in Montana.

Given the continued severity of the drought, Marsden believes SF 72 has a good chance of passage. The bill would help municipalities, water districts, downstream water users and the state's fishery. "It should help dilute pollutants and make it easier for water districts and the state to meet pollution control goals," he said.

Sen. Case said he's crafted SF 72 "so no one will be hurt," and wrote it in two sections - one to make it easy for temporary transfers of water, and the second to allow instream flow. "There's more support for temporary transfers of water right now," he said, due to the ongoing drought. He remains hopeful that the entire bill will be passed, but could live with passing the temporary transfer section now, while putting the instream flow section in for interim study. "The bill is provoking thought and most see the reason for it," Case said.

Marsden and Michele Barlow of Wyoming Outdoor Council are both supporting Senate File 49 , which authorizes local governments to set standards on outdoor lighting. They noted that the bill doesn't require action, but simply authorizes local governments to save money by requiring more efficient lighting and to cut down on "light pollution" that unnecessarily floods the night sky with wasted light. "About a third of all outdoor light is wasted because it goes straight up," Barlow said. The nation could save $1 billion with more efficient outdoor lighting, with the side benefit of less light pollution that would encourage astronomy, she said.

Carried in past years by Sen. Case, SF 49 is now sponsored by the Corporation Committee. The bill would require electric utility companies to offer the shielded light option to customers, as well as authorize cities and counties to write their own ordinances. Case said past opponents like utilities and car dealers seem to be softening, while billboard companies and the oil and gas industry remain strongly opposed.

Barlow said WOC is opposing House Bill 9 , which would make animal damage management a permanent function of state government, rather than the experimental function that it now is. Given the money for killing predators such as coyotes and red foxes, Barlow said, there's little return to the agricultural community. Coyote breeding kicks into high gear under such pressure, she said, while livestock losses due to predators are far less than the control costs.