State engineer rulemaking authority.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0020

HOUSE BILL

NO.
HB0018

State engineer rulemaking authority.

Sponsored by:
Joint Agriculture, State and
Public

Lands
and Water Resources Interim Committee

A BILL

for

AN ACT relating to
the state engineer; granting rulemaking authority; ratifying existing rules;
and providing for an effective date.

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

Section 1.

W.S.
9
‑
1
‑
906, 41
‑
3
‑
110
by creating a new subsection
(
e
), 41
‑
3
‑
301
by creating a new subsection
(
c
) and 41
‑
4
‑
501 are amended to read:

9
‑
1
‑
906.

Weather modification defined; duty of state engineer to gather information relative to experiments in state; rulemaking authority.

The state engineer shall procure, compile and evaluate information relative to weather modification experiments and activities within the state boundaries. The term "weather modification" means attempting to change or control any of the weather phenomena by chemical, mechanical or physical methods.
The state engineer may adopt reasonable rules and regulations in accordance with the
Wyoming
Administrative Procedure Act as necessary to implement this section.

41
‑
3
‑
110.

Right to acquire temporary water rights for highway or railroad roadbed construction or repair; application; restrictions; fee; rulemaking authority.

(e)

The
state engineer may adopt reasonable rules and regulations in accordance with the
Wyoming
Administrative Procedure Act as necessary to implement this section. Rules and regulations to implement this section adopted prior to J
anuary
1, 200
7

and filed with the secretary of state as of that date are hereby ratified.

41
‑
3
‑
301.

Application for reservoir construction permit; contents; procedure; rulemaking authority.

(c)

The
state engineer may adopt reasonable rules and regulations in accordance with the
Wyoming
Administrative Procedure Act as necessary to implement this section. Rules and regulations to implement this section adopted prior to January 1, 2007 and filed with the secretary of state as of that date are hereby ratified.

41
‑
4
‑
501.

Permit required prior to construction of ditches, canals or other distributing works; contents of application; unlawful diversion or use of water prohibited; rulemaking authority.

Any person, association or corporation hereafter intending to acquire the right to the beneficial use of the public water of the state of Wyoming shall, before commencing the construction, enlargement or extension of any ditch, canal or other distributing works, or performing any work in connection with said construction, or proposed appropriation, make an application to the state engineer for a permit to make such appropriation. Such application must set forth the name and post-office address of the applicant, the source of the water supply, the nature of the proposed use, the location and description of the proposed ditch, canal or other work, the time within which it is proposed to begin construction, the time required for completion of construction and the time required for the complete application of the water to the proposed use. Any person who shall
willfully
divert or use water to the detriment of others without compliance with law shall be deemed guilty of a misdemeanor
punishable pursuant to W.S. 41
‑
3
‑
616
.

The state engineer may adopt reasonable rules and regulations in accordance with the
Wyoming
Administrative Procedure Act as necessary to implement this section. Rules and regulations to implement this section adopted prior to January 1, 2007 and filed with the secretary of state as of that date are hereby ratified.

Section 2.

Unless a different certification date is otherwise provided in this act, r
ules and regulations adopted by the state engineer prior to
July
1, 200
6
and filed with the secretary of state as of that date
are hereby ratified.

Section 3.

This act is effective July 1, 2008.

(END)

1
HB0018