Irrigation districts-change of place of use.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0016

HOUSE BILL

NO.
HB0012

Irrigation districts-change of
place
of use.

Sponsored by:
Joint Agriculture, State and
Public

Lands
and Water Resources Interim Committee

A BILL

for

AN ACT relating to
water;
defini
ng historic use of irrigation water; providing for the transfer of irrigation water to other lands when lands within an irrigation district are taken out of agricultural production, as specified; extending the time to petition for the change of
place
of use;
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
‑
104(a)(intro), by creating a new paragraph (iv) and by creating a new subsection (c) and 41
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3
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108(a) and (c) are amended to read:

41
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3
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104.

Procedure to change use or place of use.

(a)

When an owner of a water right wishes to change a water right from its present use to another use, or from the place of use under the existing right to a new place of use, he shall file a petition requesting permission to make such a change. The petition shall set forth all pertinent facts about the existing use and the proposed change in use, or, where a change in place of use is requested, all pertinent information about the existing place of use and the proposed place of use. The board may require that an advertised public hearing or hearings be held at the petitioner's expense. The petitioner shall provide a transcript of the public hearing to the board. The change in use, or change in place of use, may be allowed, provided that the quantity of water transferred by the granting of the petition shall not exceed the amount of water historically diverted under the existing use, nor exceed the historic rate of diversion under the existing use, nor increase the historic amount consumptively used under the existing use, nor decrease the historic amount of return flow, nor in any manner injure other existing lawful appropriators.
As used in this subsection, "historically diverted
,
" "historic rate of diversion
,
" "historic amount" or "historic amount consumptively used"
shall be based upon
the date the water right
was
established, to the extent the information is available.
The board of control shall consider all facts it believes pertinent to the transfer which may include the following:

(iv)

The impact of the loss of irrigated acres on any interstate water use or any interstate compact.

(c)

When lands within an irrigation district are taken out of agricultural production
as the necessary result of acquisitions
, including but not limited to,
railroad roadbed construction, highway construction, county roads, city streets, subdivision development, farmstead development, mining or petroleum extraction operations or industrial site acquisitions or lands taken by proceedings in eminent domain or which have become impracticable to irrigate by reason of any of the foregoing conditions
, the
owner may petition to the
board of control
to
change the location of the irrigation right to other lands within the irrigation district provided the conditions required in subsection (a) of this section are met. Historical use and consumptive use shall be liberally construed to provide
beneficial
use of the water right.

41
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3
‑
108.

Lands taken out of agricultural production or lands taken by eminent domain; retention of priority.

(a)

Where lands are taken out of agricultural production as the necessary result of acquisitions
,

for

including but not limited to,
railroad roadbed construction, highway construction,
county roads, city streets, subdivision development, farmstead development,
mining or petroleum extraction operations or industrial site acquisitions or lands taken by proceedings in eminent domain or which have become impracticable to irrigate by reason of any of the foregoing conditions, the owner of an affected water right may transfer the water right to other lands held by the owner. The petition for the change in use, or change in place of use shall be properly filed within five (5) years of the date the land went out of production because of any of the conditions specified herein

or by June 30, 2016, whichever is later
. Failure to file the petition within five (5) years
or by June 30, 2016, whichever is later,

results in forfeiture of the right except as otherwise provided.

(c)

For a period of five (5) years after the effective date of this act

No later than June 30, 2016
, any appropriator whose land has been out of production for more than five (5) years may petition the board requesting transfer of the water rights involved. The granting or denial of a petition under these circumstances is within the discretion of the board. The decision of the board may be appealed to the district court. The board may hold public hearings in connection with a petition being considered pursuant to this section. All costs in conjunction with the hearing shall be borne by the petitioner.

Section 2.

This act is effective July 1, 2011.

(END)

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HB0012