State's Fight to Restore Public Access Moves Forward

OFFICE OF GOVERNOR DAVE FREUDENTHAL
October 5, 2006

CHEYENNE, Wyo. - State officials have restored public access to the Hawk Springs Reservoir with a temporary restraining order against landowners who put a fence across the entry route.

The state of Wyoming had filed for an injunction Monday against Phase 23 LLC, the private company that recently purchased the land, and the Horse Creek Conservation District, which sold the land but is statutorily required to provide public access to the recreation site "in perpetuity."

Thursday, state District Court Judge Keith Kautz issued a temporary restraining order that restores public access until at least Oct. 12, when the court will hold a further hearing on notices filed by the state.

"Hunters, anglers and everyone who enjoys the outdoors have every right to access a public recreation site that was purchased and maintained with their tax dollars," said Gov. Dave Freudenthal. "While this isn't the final decision, it certainly restores that access in the short term."

When it was created in the 1980s, the recreation area included both land owned by the Horse Creek Conservation District and land owned by the state of Wyoming. In February 1983, the Wyoming Legislature created and funded a public recreation area at Hawk Springs Reservoir. The state loaned the conservation district about $2 million and granted more than $6 million for repairs and improvements to the Hawk Springs Reservoir and related irrigation structures.

In exchange, the Horse Creek Conservation District agreed to "grant public access in perpetuity to the Hawk Springs Reservoir proper and to all adjacent lands owned by the district or the state for the purpose of hunting, fishing, and general recreation, including the construction of such facilities as deemed necessary by the Wyoming Game and Fish Commission to maximize the public enjoyment."

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