WASHINGTON - After Sen. John Barrasso prevailed in a battle with an objecting Idaho senator, the Senate Energy and Natural Resources Committee approved a bill Wednesday to designate the headwaters of the Snake River as "wild and scenic."

The designation would preserve water quality and prevent dams from being built but would allow fishing and rafting along 387 river miles in northwest Wyoming. The act was named after another Wyoming Republican, the late Sen. Craig Thomas, who introduced it last year before his death.

"It meant a lot to be able to carry forth what Sen. Thomas worked so hard on," Barrasso said.

Wyoming tourism interests, small business, outfitters and river users support the bill. It now goes to the full Senate.

Sen. Larry Craig, R-Idaho, attempted to make two changes to the bill, but the committee voted down both amendments. Citing the disagreement, another senator tried to set aside the bill altogether, but that move also failed.

Craig first offered an amendment that would have removed the portion of the bill that labels the 24.8-mile segment of the river from Jackson Lake Dam to Moose as a scenic river. It also would have removed the designation of a 19-mile stretch from the mouth of the Hoback River to Palisades Reservoir as a recreational river.

Chairman Jeff Bingaman, D-N.M., said the Park Service and Forest Service had recommended most of the river segments for wild and scenic designation. He said Wyoming should be able to protect rivers within the state, as both of its senators want that.

Barrasso said the designation would be a "badge of honor" and gives the local communities an additional opportunity to market the river. He noted that the bill specifically says it would not affect valid, existing rights, including all interstate water compacts and water rights in Wyoming and Idaho.

Barrasso said he consulted with state and national water experts about the bill. He called it a "significant improvement" over what was introduced last year because it now clearly spells out that all water rights are respected.

Craig agreed that the bill would not affect water rights. Irrigators in Idaho hold the rights to about 96 percent of the water in Jackson Lake. But Craig said delivery will always be a question as managers determine flow based on use, especially on parts of the river to be designated as recreational.

"We don't lose our water rights, the water rights remain," he said. "It is the management of the stream flows, it is the delivery of water that is critical. We all know that. You can have water, but if you can't get it where you need it, it is of no value."

His amendment was voted down 17-3.

Craig then offered a second amendment adding the phrase that "no flow requirement of any kind shall be imposed on the water of any segment of the Snake River that is located below the Jackson Dam."

Bingaman said most of the river segments in Barrasso's bill are on national forest or park land, so the Forest Service and National Park Service can impose management requirements. Craig's amendment would take away that authority, Bingaman said.

Craig said he took the language from a 1975 Hell's Canyon recreation bill that has "stood the test of time in courts." He added, "If you want to violate Western water law by character you have a problem, and that's, I am fearful, what we're doing."

Craig said that if the Barrasso bill passes, it's "a new day on the river" and people will look at the river differently and question it if they see low flows. It would raise the specter of interest groups challenging in court the management of the river. He proposed changing the management of the river slightly under the new designation to keep the uses in balance, he said.

"I'm suggesting that the opportunity to challenge the management is placed on a higher level because of the new designation, and the risk of that we want to make sure doesn't prevail in a court case," Craig said.

Downstream users must be protected, but that does not give those users the ability to regulate flow, Barrasso said.

"To me, this part of the amendment is an effort to expand the power of the downstream users so that they get more than standard protection of the water rights," he said.

"My intent is that the management would stay the same," Barrasso added.

Committee staffers told the senators that the amendment would give the downstream users more power than they have now. The amendment failed 12-10.

Sen. Bob Corker, R-Tenn., said he and probably most of the senators on the committee did not understand the consequences of the bill or how it would affects the two states.

"It troubles me to be getting involved," he said. He moved to table the entire bill, but that bid failed 13-9.

The bill covers portions of Bailey Creek, Blackrock Creek, the Buffalo Fork of the Snake River, Crystal Creek, Granite Creek, Gros Ventre River, Hoback River, Lewis River, Pacific Creek, Shoal Creek, Snake River, Willow Creek and Wolf Creek.

"Senator John Barrasso scored major victories for Wyoming today," said Tom Patricelli, executive director of the Campaign for the Snake Headwaters. "Putting Wyoming's Snake Headwaters on the wild and scenic map will attract destination travelers from around the world and contribute to Wyoming's economic sustainability."

Jackson State Bank and Trust Chairman Dick Scarlett and fly fishing guide and outfitter Jack Dennis also praised the bill.

* Last we knew: A bill was introduced in Congress to designate the headwaters of the Snake River as "wild and scenic."

* The latest: The Senate Energy and Natural Resources Committee approved the measure Wednesday.

* What's next: It moves to the full Senate.]]->