Water development projects.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0078

HOUSE BILL

NO.
HB0007

W
ater development projects.

Sponsored by:
Joint Agriculture, State and
Public

Lands
and Water Resources Interim Committee

A BILL

for

AN ACT relating to
water development projects;
providing for
the development of
new water sources of supply; providing for watercourse restoration
;
and providing for an effective date.

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

Section 1.

W.S. 41
‑
2
‑
112(a), (b)(v), by creating a new paragraph (vii) and by renumbering
(
vii) as (viii)
and 41
‑
2
‑
122 by creating
a
new subsection (d)
are amended to read:

41
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2
‑
112.

Wyoming
water development program.

(a)

The
Wyoming
water development program is established to foster, promote and encourage the optimal development of the state's human, industrial, mineral, agricultural, water and recreational resources. The program shall provide, through the commission, procedures and policies for the planning, selection, financing, construction, acquisition and operation of projects and facilities for the conservation, storage, distribution and use of water, necessary in the public interest to develop and preserve Wyoming's water and related land resources. The program shall encourage development of
new water sources of supply and

water facilities for irrigation, for reduction of flood damage, for abatement of pollution, for preservation and development of fish and wildlife resources and for protection and improvement of public lands and shall help make available the waters of this state for all beneficial uses, including but not limited to municipal, domestic, agricultural, industrial, instream flows, hydroelectric power and recreational purposes, conservation of land resources and protection of the health, safety and general welfare of the people of the state of Wyoming.

(b)

In developing financing recommendations under the
Wyoming
water development program, the commission shall:

(v)

Consider all funds, assets and revenue sources of all project beneficiaries and recommend financing plans which will reimburse expenditures of state funds, except as such expenditures may be allocated to a state benefit, including
development of a new water source of supply and

enhancement of fish and wildlife habitat or recreation;

(vii)

Consider the development of a new water source of supply to benefit the state of
Wyoming
;

(vii)
(viii)

Consider any other factors necessary to develop comprehensive financing recommendations.

41
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2
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1
2
2.

Protection and rights of landowner
; watercourse restoration
.

(d)

The
commission shall, upon application by
a

sponsoring entity regarding
land
that
will be flooded
by the development of a new water source of supply
, restore the
natural carrying capacity of the channel when
a new water source of supply enters a
watercourse
with intermittent or ephemeral natural flow and exceeds the carrying capacity of a reach. The commission shall not require a Level I reconnaissance study or spend more than ten percent (10%) of the cost of the watercourse restoration project on planning. Restoration of the
natural carrying capacity of the channel
in the reach shall be deemed to mitigate any damages and disruption of the landowner’s operations resulting from development of the new water source of supply.

Section 2.

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
HB0007