Changes to water use-study.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0329.E1

SENATE FILE
NO.
SF0074

Changes to water use-study.

Sponsored by:
Senator(s) Vasey, Aullman, Decaria and Johnson and Representative(s) Berger, Gilmore, Iekel and Martin

A BILL

for

AN ACT relating to water; providing for water use studies; requiring reports; providing appropriations; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

(a)

The
University
of
Wyoming
shall conduct an economic impact study of the cost and benefits associated with the opportunity for a private water right holder to temporarily or seasonally change the use of the water on a case by case basis from a consumptive to nonconsumptive use. The study shall include:

(i)

A historic summary of the economic factors, pressures and profits associated with irrigated agriculture in
Wyoming
, under current water law;

(ii)

Any potential economic and socio-economic advantages and disadvantages from allowing the temporary or seasonal nonconsumptive use of private water rights;

(iii)

Any additional study items as identified by the select water committee.

(b)

The state engineer's office shall conduct a water use study which shall include:

(i)

The existing
procedures used by the state engineer's office and the board of control to analyze the hydrologic and water right impacts of temporarily or seasonally changing the type of use, the place of use or the point of diversion of the water right;

(ii)

A discussion of the various sections in water law statutes that allow water right holders to manage water for aquatic systems and other nonconsumptive purposes;

(iii)

Options to provide greater opportunity for water right holders to manage water for nonconsumptive uses, including temporary changes in type of use, the place of use or temporary transfer of point of diversion that does not require permanent, year-round instream flow rights pursuant to W.S. 41
‑
3
‑
1001;

(iv)

The hydrologic and operational effects, if any, of amending W.S. 41
‑
3
‑
104 or 41
‑
3
‑
110 to allow agricultural users and other water right holders to request a temporary change in the point of diversion or place of use from one (1) location to another;

(v)

The effects of the temporary or seasonal use of stored water for nonconsumptive uses;

(vi)

Changes in
Wyoming
statutes to enable participation in federal programs such as the conservation reserve enhanced program;

(vii)

Any additional study items as identified by the select water committee.

(c)

The
University
of
Wyoming
and the state engineer's office may contract with other agencies and any consultants as necessary to conduct the studies required by this act.

(d)

No later than September 1, 2006, the University of Wyoming and the state engineer's office shall report the results of their respective studies to the
joint agriculture, public lands and water resources interim committee,
the joint travel, recreation, wildlife and cultural resources interim committee and the select water committee.

(e)

The select water committee shall i
dentify any changes in water statutes necessary to address the results from the studies presented by the
University
of
Wyoming
and the state engineer's office.

(f)

This act shall terminate December 1, 2006.

Section 2.

(a)

There is appropriated thirty-five thousand dollars ($35,000.00) from the general fund to the
University
of
Wyoming

to fund the study required pursuant to subsection 1(a) of this act.

(b)

There is appropriated twenty thousand dollars ($20,000.00) from the general fund to the state engineer's office
to fund the study required pursuant to subsection 1(b) of this act.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

1
SF0074