Water management flexibility.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0272

HOUSE BILL
NO.
HB0084

Water management flexibility.

Sponsored by:
Representative(s) Berger, Gingery, Illoway, Jorgensen, Throne and
Warren
and Senator(s) Burns, Schiffer and Vasey

A BILL

for

AN ACT relating to water; providing for temporary water rights as specified; providing procedures; imposing a fee; and providing for an effective date.

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

Section 1.

W.S. 41
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3
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116 is created to read:

41
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3
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116.

Right to acquire temporary water rights for in-channel use; application; restrictions; fee.

(a)

In addition to the provisions of W.S. 41
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3
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1001 through 41
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3
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1014 for instream flow for fisheries, any person may acquire by purchase, gift or lease the right to the use of water which may be embraced in any adjudicated or valid unadjudicated water right, or any portion thereof, for a period not to exceed two (2) years for in-channel use. As used in this section, "in-channel use" means the temporary use achieved by either leaving the natural flows of a natural watercourse undiverted or introducing previously stored water into a natural watercourse for a beneficial use pursuant to this section. Any temporary transfer under this section shall be allowed only if no other ap
propriator is injured thereby.

(b)

Before any right to any temporary use under this section shall become operative, an application shall be made in writing on a form provided or designated by the state engineer, with a copy of any conveyance or agreement provided. The application shall be filed in the office of the state engineer for his consideration and approval or denial. Upon approval by the state engineer, an order authorizing the use and designating the method, place and period of use may be entered. Upon termination of the temporary diversion and use, as stated in the order, any affected right to the use of water shall automatically be reinstated with all the rights, privileges and uses, and purposes theretofore held and enjoyed.

(c)

Any period of use of any portion of a water right temporarily transferred under this section for in-channel use shall be tolled for purposes of determining abandonment or forfeiture of that water right pursuant to W.S. 41-3-401 and 41-3-402.

(d)

A person may temporarily acquire and use only that portion of a water right of a natural unstored flow water right which has been consumptively used in the past. For temporary uses that involve transferring stored water from a consumptive to in-channel purpose, reductions in the use to account for conveyance losses may be required by the state engineer.

(e)

In determining the consumptive use of water rights for the direct use of the natural unstored flow of any stream for irrigation purposes, the return flow from those rights shall be presumed to be fifty percent (50%). In situations where an assumption of fifty percent (50%) return flow would be significantly in error, the state engineer may make a determination of the actual amount of return flow and the amount of water which is available to be used, and adjust the return flow accordingly. The historic return flow or the assumed return flow of fifty percent (50%) shall be left in the stream for use by other appropriators. The foregoing formula and procedure for the
determination of consumptive use and return flow shall be limited to this section and shall have no application to any other statute of the state of
Wyoming
. Nothing in this subsection or subsection (d) of this section shall be treated or construed as changing the prior use of the transferred water.

(f)

The state engineer shall not grant a temporary change of use application for in-channel use where the undiverted natural flows would be included as a portion of the consumptive share of water allocated to the state of
Wyoming
under any interstate compact or court decree. The amount of water appropriated for in-channel use in each river basin in
Wyoming
shall not result in more water leaving the state than the amount of water that is allocated by interstate compact or court decree for downstream uses outside
Wyoming
.

(g)

Any change of use authorized under this section may be suspended at any time upon a determination by the superintendent of the water division within which the change of use occurs that the temporary change produces unanticipated injury to other water users. Any such suspension shall be subject to timely review by the state engineer. The provisions of W.S. 41-3-111 shall not apply to temporary use applications for in-channel use pursuant to this section.

(h)

The state engineer shall assess a nonrefundable fee not to exceed one hundred dollars ($100.00) for application or renewal thereof pursuant to this section. The fee shall accompany the application and shall be credited to the general fund whether the application is approved or denied.

(j)

Any request for regulation to benefit a temporary in-channel use acquired under this section shall be made in writing in accordance with the provisions of W.S. 41
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606.

(k)

Notice for any measuring device necessary to monitor or regulate a temporary in-channel use acquired under this section shall be required under the provisions of W.S. 41
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3
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613. The party acquiring a temporary in-channel use, as designated on the state engineer's order approving the temporary use, shall be responsible for providing and installing any measuring device needed for regulation or monitoring of stream flow as determined by the state engineer or superintendent of the water division within which the use is located. Any measuring device or adjustable and lockable headgate, if needed on any diversion within the affected stream reach for proper regulation of the temporary in-channel use, shall be the responsibility of the owner of the diversion.

Section 2.

This act is effective July 1, 2007.

(END)

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HB0084