Subdivisions-water supply study.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0075

ENROLLED ACT NO. 41, HOUSE OF REPRESENTATIVES

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating
to subdivision
s
;
providing for
modified requirements

for
groundwater
studies for subdivisions
;
and
providing for an effective date.

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

Section 1.

W.S. 18
‑
5
‑
316(a)(iii) and (b)(vi)
is
amended to read:

18
‑
5
‑
316.

Requirements for large acreage subdivision permits.

(a)

Except as otherwise provided, a county may, by resolution, elect to apply the provisions of this article on a uniform basis to the sale or disposition of any land where the subdivision creates parcels that are thirty-five (35) acres or larger and up to one hundred forty (140) acres. Except as provided in this subsection, each lawfully recorded parcel of land on July 1, 2008 shall be exempted from all provisions of this section other than compliance with paragraphs (i) through (iii) of this subsection and W.S. 18
‑
5
‑
317 and shall be allowed to be divided into not more than ten (10) parcels of one hundred forty (140) acres or less in size, provided that each new or remaining parcel is no less than thirty-five (35) acres. Parcels created pursuant to this exemption may be created at any time and may be created over a period of years through separate transactions. In no case, however, shall this exemption be used to create more than ten (10) parcels of land from each original parcel and each parcel created after July 1, 2008 shall be subj
ect to this section and W.S. 18
‑
5
‑
317 as otherwise provided in this section. Boundary adjustments between or among parcels shall not be considered as a division of property subject to the limitations in this section. If a county elects to apply this article to sales or dispositions where the subdivision creates parcels that are thirty-five (35) acres or larger and up to one hundred forty (140) acres, unless the property is exempted under this subsection, the subdivider shall obtain a subdivision permit pursuant to this section. The provisions of W.S. 18
‑
5
‑
306 and 18
‑
5
‑
315 shall not be applicable to a subdivision of land under this section but nothing in this sentence shall prohibit application of lawfully adopted zoning provisions. Before granting the exemption provided in this subsection the board may require the person seeking the exemption to submit any or all of the following:

(iii)
(A)

If a centralized water supply system is proposed
on the parcel or parcels

for the subdivision
, a study evaluating the water supply system proposed and the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the
parcel or parcels
subdivision

which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled
on the parcel or parcels
within the
subdivision

indicating
soil types, depth, quantity and quality of water produced in the test well
;
.

(B)

Where individual on-lot wells are proposed
:
,

(
I
)

T
he study
under subparagraph (A) of this paragraph

shall not be required and the words "NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the
parcel or parcels
.

subdivision
;

a
nd

(II)

T
he board may require a study relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs from a test well drilled within the proposed
subdivision
indicating soil types, depth, quantity and quality of water produced in the test well
.

(b)

The board may require any or all of the following information to be submitted with an application for a subdivision permit pursuant to this section:

(vi)
(A)

A
study evaluating the water supply system proposed for the subdivision and the adequacy and safety of the system. The study shall include information relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs, from a test well drilled within the proposed subdivision indicating soil types, depth, quantity and quality of water produced in the test well
;
.

(B)

Where indiv
idual on-lot wells are
proposed
:
,

(I
)

T
he words "NO PROPOSED CENTRAL WATER SUPPLY SYSTEM," in bold capital letters shall appear on all offers, contracts, agreements and plats relating to the subdivision
;
and

(II)

T
he board may require a study relative to the potential availability and quality of groundwater proposed within the subdivision which may consist of new data, existing data on other working wells in the area, or other data, including drilling logs from a test well drilled within the proposed
subdivision
indicating soil types, depth, quantity and quality of water produced in the test well
.

Section 2.

This act is effective July 1, 2009.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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