ORIGINAL SENATE ENGROSSED
FILE NO. SF0043
ENROLLED ACT NO. 71, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to water; extending the number of years for
which temporary water rights may be granted; providing
exceptions; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 41-3-110(a) is amended to read:
41-3-110. Right to acquire temporary water rights;
application; restrictions; fee.
(a) Any person shall have the right to acquire by
purchase, gift or lease the right to the use of water which
may be embraced in any adjudicated or valid unadjudicated
water right, or any portion thereof, for a period of not to
exceed years, for
repair, railroad roadbed construction or repair, drilling
and producing operations, or other temporary purposes, on
its own behalf or on behalf of its agents, employees or
contractors: provided, that if the proposed use is to be
for public highway construction or repair under a contract
with the state department of transportation, only the state
transportation commission shall have the authority to
acquire the water; and the state transportation commission
shall have the sole and continuing responsibility for the
acquisition, including the payment of all fees, royalties
and other consideration for the use of and access to water
and the right to acquire the rights to use shall not be
delegated to a construction contractor or other third
party; and further provided, that any temporary transfer
shall be allowed only if no other appropriator is injured
thereby .
shall not approve a temporary transfer if it injuriously
affects the water rights of other appropriators. Prior to
the expiration of a temporary transfer, and upon the ORIGINAL SENATE ENGROSSED
FILE NO. SF0043
ENROLLED ACT NO. 71, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
applicant's request, the state engineer may, in his
discretion, renew temporary transfers for successive
periods, with no successive period to exceed five (5)
years. The total length of any temporary transfer
including any extensions for the same purpose and place of
use as a previous temporary transfer granted under this
subsection shall not exceed ten (10) years. After the
expiration of any temporary transfer of any irrigation
water right, the water right shall be used for its
adjudicated or permitted purpose for a period of time equal
to not less than fifty percent (50%) of the period for
which the temporary transfer, including any extension, was
exercised before becoming eligible for any further
temporary use transfers. ORIGINAL SENATE ENGROSSED
FILE NO. SF0043
ENROLLED ACT NO. 71, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3Section 2. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk