ORIGINAL SENATE
FILE NO. SF0080
ENROLLED ACT NO. 11, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to water; amending the conditions under
which abandonment of water rights applies as specified;
requiring rulemaking; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 41-3-401(a) and 41-3-402(a) are
amended to read:
41-3-401. Failure to use water; extension of time;
initiation by benefitted or injured user; hearing; appeal.
(a) Where the holder of an appropriation of water
from a surface, underground or reservoir water source
fails, either intentionally or unintentionally, to use the
water therefrom for the beneficial purposes for which it
was appropriated, whether under an adjudicated or
unadjudicated right, during any five (5) successive years,
he is considered as having abandoned the water right and
shall forfeit all water rights and privileges appurtenant
thereto. Notwithstanding any provision in this section to
the contrary, the holder of an appropriation for the
diversion and storage of water in a reservoir, from which
water or a portion thereof has not yet been beneficially
used for the purposes for which appropriated, or the owner
of a lawful dam or diversion system as defined in W.S.
41-3-307 under which appropriated water becomes unused due
to necessary repairs or replacement, may apply to the board
of control for an extension of time not to exceed five (5)
years, within which to use water
therefrom for the beneficial purposes for which it was
appropriated. In the application the holder shall
demonstrate the exercise of due diligence toward the
utilization of the appropriation, and that notwithstanding
the exercise of due diligence, reasonable cause exists for ORIGINAL SENATE
FILE NO. SF0080
ENROLLED ACT NO. 11, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
nonuse. Reasonable cause includes but is not limited to
delay due to court or administrative proceedings, time
required in planning, developing, financing and
constructing projects for the application of stored water
to beneficial use which require in excess of five (5) years
to complete, delay due to requirement of state and federal
statutes and rules and regulations thereunder and any other
causes beyond the control of the holder of the
appropriation. Upon receipt of an application for
extension, the board of control shall proceed under the
provisions of W.S. 16-3-101 through 16-3-115 and may grant
an extension of time as it finds proper, not to exceed five
(5) years, for the application of the appropriated water to
the beneficial use for which it was appropriated. A prior
grant of extension of time hereunder does not preclude the
holder from applying for additional extensions of time,
each not to exceed five (5) years, upon similar application
and showing. The granting of an extension of time precludes
the commencement of an abandonment action against the
appropriation during the period of extension.
41-3-402. Initiation by state engineer; hearing;
appeal.
(a) When any appropriator has failed, intentionally
or unintentionally, to use any portion of surface,
underground or reservoir water appropriated by him, whether
under an adjudicated or unadjudicated right, for a period
of five (5) successive years, the state engineer may
initiate forfeiture proceedings against the appropriator
with the state board of control, to determine the validity
of the unused right. The state engineer shall designate the
area to be affected by the proceedings, not to contain in
area more than one (1) water division. The total absence of
water to divert during an irrigation season precludes the ORIGINAL SENATE
FILE NO. SF0080
ENROLLED ACT NO. 11, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
inclusion of any period of nonuse resulting therefrom in
the computation of the successive five (5) year period. The
secretary of the board shall refer the matter for a hearing
to the superintendent of the water division where the
forfeiture is alleged to have occurred. This section does
not apply to any reservoir,
for which an extension has been granted during the period
of extension under W.S. 41-3-401(a).
Section 2. The state engineer shall promulgate any
rules necessary to implement this act. ORIGINAL SENATE
FILE NO. SF0080
ENROLLED ACT NO. 11, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4Section 3. This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk