WY
Wyoming Senate Bill SF0080

Wyoming 2025 Regular Session

Wyoming Senate Bill SF0080 Compare Versions

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1-ORIGINAL SENATE
2-FILE NO. SF0080
3-ENROLLED ACT NO. 11, SENATE
4-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
5-2025 GENERAL SESSION
6-1
7-AN ACT relating to water; amending the conditions under
8-which abandonment of water rights applies as specified;
9-requiring rulemaking; and providing for an effective date.
10-Be It Enacted by the Legislature of the State of Wyoming:
11-Section 1. W.S. 41-3-401(a) and 41-3-402(a) are
12-amended to read:
13-41-3-401. Failure to use water; extension of time;
14-initiation by benefitted or injured user; hearing; appeal.
15-(a) Where the holder of an appropriation of water
16-from a surface, underground or reservoir water source
17-fails, either intentionally or unintentionally, to use the
18-water therefrom for the beneficial purposes for which it
19-was appropriated, whether under an adjudicated or
20-unadjudicated right, during any five (5) successive years,
21-he is considered as having abandoned the water right and
22-shall forfeit all water rights and privileges appurtenant
23-thereto. Notwithstanding any provision in this section to
24-the contrary, the holder of an appropriation for the
25-diversion and storage of water in a reservoir, from which
26-water or a portion thereof has not yet been beneficially
27-used for the purposes for which appropriated, or the owner
28-of a lawful dam or diversion system as defined in W.S.
29-41-3-307 under which appropriated water becomes unused due
30-to necessary repairs or replacement, may apply to the board
31-of control for an extension of time not to exceed five (5)
32-years, within which to use water
33-therefrom for the beneficial purposes for which it was
34-appropriated. In the application the holder shall
35-demonstrate the exercise of due diligence toward the
36-utilization of the appropriation, and that notwithstanding
37-the exercise of due diligence, reasonable cause exists for ORIGINAL SENATE
38-FILE NO. SF0080
39-ENROLLED ACT NO. 11, SENATE
40-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
41-2025 GENERAL SESSION
42-2
43-nonuse. Reasonable cause includes but is not limited to
44-delay due to court or administrative proceedings, time
45-required in planning, developing, financing and
46-constructing projects for the application of stored water
47-to beneficial use which require in excess of five (5) years
48-to complete, delay due to requirement of state and federal
49-statutes and rules and regulations thereunder and any other
50-causes beyond the control of the holder of the
51-appropriation. Upon receipt of an application for
52-extension, the board of control shall proceed under the
53-provisions of W.S. 16-3-101 through 16-3-115 and may grant
54-an extension of time as it finds proper, not to exceed five
55-(5) years, for the application of the appropriated water to
56-the beneficial use for which it was appropriated. A prior
57-grant of extension of time hereunder does not preclude the
58-holder from applying for additional extensions of time,
59-each not to exceed five (5) years, upon similar application
60-and showing. The granting of an extension of time precludes
61-the commencement of an abandonment action against the
62-appropriation during the period of extension.
63-41-3-402. Initiation by state engineer; hearing;
64-appeal.
65-(a) When any appropriator has failed, intentionally
66-or unintentionally, to use any portion of surface,
67-underground or reservoir water appropriated by him, whether
68-under an adjudicated or unadjudicated right, for a period
69-of five (5) successive years, the state engineer may
70-initiate forfeiture proceedings against the appropriator
71-with the state board of control, to determine the validity
72-of the unused right. The state engineer shall designate the
73-area to be affected by the proceedings, not to contain in
74-area more than one (1) water division. The total absence of
75-water to divert during an irrigation season precludes the ORIGINAL SENATE
76-FILE NO. SF0080
77-ENROLLED ACT NO. 11, SENATE
78-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
79-2025 GENERAL SESSION
80-3
81-inclusion of any period of nonuse resulting therefrom in
82-the computation of the successive five (5) year period. The
83-secretary of the board shall refer the matter for a hearing
84-to the superintendent of the water division where the
85-forfeiture is alleged to have occurred. This section does
86-not apply to any reservoir,
87-for which an extension has been granted during the period
88-of extension under W.S. 41-3-401(a).
89-Section 2. The state engineer shall promulgate any
90-rules necessary to implement this act. ORIGINAL SENATE
91-FILE NO. SF0080
92-ENROLLED ACT NO. 11, SENATE
93-SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
94-2025 GENERAL SESSION
95-4Section 3. This act is effective immediately upon
96-completion of all acts necessary for a bill to become law
97-as provided by Article 4, Section 8 of the Wyoming
98-Constitution.
99-(END)
100-Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
101-I hereby certify that this act originated in the Senate.
102-Chief Clerk
1+2025
2+STATE OF WYOMING
3+25LSO-0527
4+ENGROSSED
5+1SF0080
6+SENATE FILE NO. SF0080
7+Abandonment of water rights-limitations.
8+Sponsored by: Select Water Committee
9+A BILL
10+for
11+1 AN ACT relating to water; amending the conditions under
12+2 which abandonment of water rights applies as specified;
13+3 requiring rulemaking; and providing for an effective date.
14+4
15+5
16+6
17+7. W.S. 41-3-401(a) and 41-3-402(a) are
18+8 amended to read:
19+9
20+10
21+11
22+12
23+13 (a) Where the holder of an appropriation of water
24+14 from a surface, underground or reservoir water source
25+15 fails, either intentionally or unintentionally, to use the
26+16 water therefrom for the beneficial purposes for which it 2025STATE OF WYOMING25LSO-0527
27+ENGROSSED
28+2SF0080
29+1 was appropriated, whether under an adjudicated or
30+2 unadjudicated right, during any five (5) successive years,
31+3 he is considered as having abandoned the water right and
32+4 shall forfeit all water rights and privileges appurtenant
33+5 thereto. Notwithstanding any provision in this section to
34+6 the contrary, the holder of an appropriation for the
35+7 diversion and storage of water in a reservoir, from which
36+8 water or a portion thereof has not yet been beneficially
37+9 used for the purposes for which appropriated, or the owner
38+10
39+11
40+12
41+13 of control for an extension of time not to exceed five (5)
42+14 years, within which to use water
43+15 therefrom for the beneficial purposes for which it was
44+16 appropriated. In the application the holder shall
45+17 demonstrate the exercise of due diligence toward the
46+18 utilization of the appropriation, and that notwithstanding
47+19 the exercise of due diligence, reasonable cause exists for
48+20 nonuse. Reasonable cause includes but is not limited to
49+21 delay due to court or administrative proceedings, time
50+22 required in planning, developing, financing and
51+23 constructing projects for the application of stored water 2025STATE OF WYOMING25LSO-0527
52+ENGROSSED
53+3SF0080
54+1 to beneficial use which require in excess of five (5) years
55+2 to complete, delay due to requirement of state and federal
56+3 statutes and rules and regulations thereunder and any other
57+4 causes beyond the control of the holder of the
58+5 appropriation. Upon receipt of an application for
59+6 extension, the board of control shall proceed under the
60+7 provisions of W.S. 16-3-101 through 16-3-115 and may grant
61+8 an extension of time as it finds proper, not to exceed five
62+9 (5) years, for the application of the appropriated water to
63+10 the beneficial use for which it was appropriated. A prior
64+11 grant of extension of time hereunder does not preclude the
65+12 holder from applying for additional extensions of time,
66+13 each not to exceed five (5) years, upon similar application
67+14 and showing. The granting of an extension of time precludes
68+15 the commencement of an abandonment action against the
69+16 appropriation during the period of extension.
70+17
71+18
72+19
73+20
74+21 (a) When any appropriator has failed, intentionally
75+22 or unintentionally, to use any portion of surface,
76+23 underground or reservoir water appropriated by him, whether 2025STATE OF WYOMING25LSO-0527
77+ENGROSSED
78+4SF0080
79+1 under an adjudicated or unadjudicated right, for a period
80+2 of five (5) successive years, the state engineer may
81+3 initiate forfeiture proceedings against the appropriator
82+4 with the state board of control, to determine the validity
83+5 of the unused right. The state engineer shall designate the
84+6 area to be affected by the proceedings, not to contain in
85+7 area more than one (1) water division. The total absence of
86+8 water to divert during an irrigation season precludes the
87+9 inclusion of any period of nonuse resulting therefrom in
88+10 the computation of the successive five (5) year period. The
89+11 secretary of the board shall refer the matter for a hearing
90+12 to the superintendent of the water division where the
91+13 forfeiture is alleged to have occurred. This section does
92+14 not apply to any reservoir,
93+15 for which an extension has been granted during the period
94+16 of extension under W.S. 41-3-401(a).
95+17
96+18. The state engineer shall promulgate any
97+19 rules necessary to implement this act.
98+20 2025STATE OF WYOMING25LSO-0527
99+ENGROSSED
100+5SF00801. This act is effective immediately upon
101+2 completion of all acts necessary for a bill to become law
102+3 as provided by Article 4, Section 8 of the Wyoming
103+4 Constitution.
104+5
105+6 (END)