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HB0116

HB0116: Destruction of water is not beneficial use

Last scannedOct 18, 2026, 2:19 AM

In one sentence

This bill defines that breaking water molecules to produce hydrogen is not a valid reason to use water and requires officials to deny certain water permits for this purpose in areas with recent water regulations.

What it does

  • States that separating hydrogen and oxygen atoms from water for industrial hydrogen production is not a beneficial use of water.
  • Requires the state board of control to deny petitions to change water use if the water source has been subject to priority regulation or interstate compact rules in the last ten years.
  • Requires the state engineer to deny new well permits, permit amendments, or temporary transfer applications for hydrogen production if the water source has been subject to priority regulation or interstate compact rules in the last ten years.
  • Prohibits granting any petition or application that results in the destruction of water molecules for hydrogen production, with an exception for by-product water.
  • Sets an effective date of July 1, 2026, for these rules to apply to new applications.

Who it affects

  • Companies or individuals applying for new water permits or changes to existing permits to produce hydrogen.
  • The Wyoming State Engineer and the State Board of Control.
  • Applicants seeking to change the use or location of existing water rights in regulated areas.

Limits and unknowns

  • The bill did not pass and died in committee, so these rules are not currently law.
  • The restrictions only apply to water sources that have been subject to priority regulation or interstate compact rules in the previous ten years.
  • The bill does not prohibit water use that results in evaporation if the main goal is not to break the water molecules.

Plain language

Terms to know

Beneficial use
A legal standard that water must be used in a way that provides a clear benefit to hold a water right.
Priority regulation
A system where water users with older rights get water first during shortages, often required in areas with limited water supply.
By-product water
Water that is created as a result of another industrial process, which is treated differently under this bill.

Official record

Sources

Source checked

Public statements

Why lawmakers voted

Last checked Aug 6, 12:53 AM

Tomi Strock

R · H06

Voted Yes

Why they voted this way

The lawmaker argues that the bill protects Wyoming's water doctrine by establishing a clear rule against permanent consumption where industrial processes destroy water molecules, noting that alternative energy pathways exist that do not require sacrificing water.

Public statementFloor statement at 1:29:18 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

5 roll calls

H 3rd Reading:Passed 44-17-1-0-02026-02-21 · House44 yes 17 no
H05 - Agriculture:Recommend Do Pass 8-1-0-0-02026-02-18 · House8 yes 1 no
H Introduced and Referred to H05 - Agriculture Passed by Roll Call 47-12-3-0-02026-02-13 · House47 yes 12 no
H Pursuant to HR 12-11 (a) Passed by Roll Call 45-14-3-0-02026-02-13 · House45 yes 14 no
H Failed Introduction 39-21-2-0-02026-02-11 · House39 yes 21 no

Official activity

Bill history

  1. S:Died in Committee Returned Bill Pursuant to SR 5-4Senate
  2. S No report prior to CoW CutoffSenate
  3. S Introduced and Referred to S09 - MineralsSenate
  4. S Received for IntroductionSenate
  5. H 3rd Reading:Passed 44-17-1-0-0House
  6. H 2nd Reading:PassedHouse
  7. H COW:PassedHouse
  8. H Placed on General FileHouse
  9. H05 - Agriculture:Recommend Do Pass 8-1-0-0-0House
  10. H Introduced and Referred to H05 - Agriculture Passed by Roll Call 47-12-3-0-0House
  11. H Pursuant to HR 12-11 (a) Passed by Roll Call 45-14-3-0-0House
  12. H Failed Introduction 39-21-2-0-0House
  13. H Received for IntroductionHouse
  14. Bill Number AssignedLSO