2025
STATE OF WYOMING
25LSO-04021HB0105
HOUSE BILL NO. HB0105
Breach orders due process.
Sponsored by: Select Water Committee
A BILL
for
1 AN ACT relating to water; requiring the state engineer to
2 hold a public meeting, seek alternatives and provide notice
3 before executing an emergency order to breach a dam or
4 diversion; providing an exception; requiring rulemaking;
5 specifying applicability; and providing for an effective
6 date.
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10. W.S. 41-3-314(a) and by creating a new
11 subsection (d) is amended to read:
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15 2025STATE OF WYOMING25LSO-04022HB01051 (a)
2 case of an emergency where the state engineer or his
3 authorized representative declares that repairs or
4 breaching of a dam or diversion system are immediately
5 necessary to safeguard life and property, the necessary
6 repairs or breaching shall be started immediately by the
7 owner or by the state engineer or his representative at the
8 owner's expense, if the owner fails to do so. The state
9 engineer and emergency response agencies shall be notified
10 at once of any changes in the physical conditions of the
11 dam, diversion system, or reservoir which significantly
12 increase the probability of failure of the dam or diversion
13 works or the danger to life or property, proposed emergency
14 repairs or breaching to be instituted by the owner. These
15 reporting requirements shall apply only to cases in which
16 an emergency has been declared pursuant to this subsection.
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19This act shall apply to all orders by the
20 state engineer to breach a dam or diversion issued on and
21 after the effective date of this act.
22 2025STATE OF WYOMING25LSO-04024HB01051The state engineer shall promulgate any
2 rules necessary to implement this act.
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4. This act is effective immediately upon
5 completion of all acts necessary for a bill to become law
6 as provided by Article 4, Section 8 of the Wyoming
7 Constitution.
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9 (END)