Wyoming2009Inactive

SF0071

Temporary Instream Flows

Last scannedOct 18, 2026, 2:19 AM

In one sentence

This bill allows the state of Wyoming to temporarily acquire water rights for up to two years to maintain water in streams, subject to specific restrictions and fees.

Allows the state to acquire water rights by purchase, gift, or lease for instream flow purposes for a period of no more than two years.
Requires the state to file a written application with the state engineer before the temporary use of water becomes operative.
Limits the amount of water that can be diverted to only what was historically used for consumptive purposes, presuming 50% of the water returns to the stream unless the state engineer determines otherwise.
Requires the state engineer to charge a fee of up to $100 for reviewing and approving temporary water agreements.
Allows water rights previously set aside for permanent instream flows to be sold, transferred, or conveyed to other purposes after an advertised public hearing.

The state of Wyoming, which gains the right to acquire temporary water rights for instream flows.
The state engineer, who must review applications, approve orders, and assess fees.
Water rights holders, who may sell, gift, or lease their rights to the state for temporary use.
Downstream water users, who are protected from injury by these temporary transfers and retain their rights to return flows.

The bill is marked as inactive, meaning it did not pass in the 2009 session.
The provided text is labeled as a working draft, so the final enacted language may have differed.
The bill does not specify which specific streams or segments are eligible for these temporary flows, leaving that determination to the board of control.

Plain language

Instream flows: Water that is kept in a stream or river rather than being taken out for other uses.
Consumptive use: The amount of water that is used up and does not return to the stream.
Return flow: Water that flows back into the stream after being used.
Appropriator: A person or entity that holds a legal right to use water.

Official record

Source checked

Public statements

Last checked Aug 8, 6:50 AM

Couldn't find a published reason.

Wyoming roll calls

1 roll call

S Committee Returned Bill Pursuant to SR 7-3(c) 1-4-0-0-02009-03-03 · Senate1 yes 4 no

Official activity