Stock water permits.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0241

SENATE FILE
NO.
SF0046

Stock water permits.

Sponsored by:
Senator(s) Geis

A BILL

for

AN ACT relating to
underground water; providing for the perfection and appropriation of springs and spring water located on federal lands;
identifying the appropriator of water on federal lands as specified;

and providing for an effective date.

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

Section 1.

W.S. 41
‑
3
‑
902, 41
‑
3
‑
907 and 41
‑
3
‑
935(c) are amended to read:

41
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3
‑
902.

Spring waters; perfection of right to use; limitation.

All springs and spring waters where the yield does not exceed twenty
‑
five (25) gallons per minute and where the use is for domestic or stock purposes only
and all springs and spring waters located on federal lands
, shall be considered as groundwater. Perfection of the right to use spring water up to twenty
‑
five (25) gallons per minute for domestic or stock use
and to use all spring water located on federal lands
shall be made in accordance with the laws pertaining to groundwater.

41
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3
‑
907.

Application; preferred right of appropriations for stock or domestic use.

(a)

Appropriations of underground water for stock or domestic use, the latter being defined as household use and the watering of lawns and gardens for noncommercial family use where the area to be irrigated does not exceed one (1) acre, where the yield or flow does not exceed .056 cubic feet per second or twenty
‑
five (25) gallons per minute, shall have a preferred right over rights for all other uses, regardless of their dates of priority, subject to the provisions of W.S. 41
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3
‑
911, as amended, if an appropriation is for two (2) or more uses, and includes one (1) of the above preferred uses, the preferred use shall be limited to .056 cubic feet per second or twenty
‑
five (25) gallons per minute, and the application shall specify one (1) acre upon which such preferred uses shall be made. Such preferred use shall not include municipal use by any person of water appropriated by a municipality or company, or any instance where water is purchased or held out for sale.

(b)

Appropriations
of underground water for stock use where the point of appropriation is located on federal lands shall be granted in the name of an applicant who is the holder of a valid permit to graze livestock on such lands
or in the name of a federal land agency jointly with the holder of a valid permit to graze livestock on such lands.

41
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3
‑
935.

Adjudication procedure.

(c)

Adjudication shall proceed in the same manner prescribed for the adjudication of surface water appropriations once the state engineer or his authorized representative has reported his findings to the board. A ground water appropriation attaches to the land for irrigation, or
for

to
such other purposes or object for which it was acquired.

Section 2.

This act is effective July 1, 2011.

(END)

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SF0046