Water rights-federal lands.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0370

SENATE FILE
NO.
SF0122

Water rights-federal lands.

Sponsored by:
Senator(s) Hicks and Driskill

A BILL

for

AN ACT relating to water
; providing for the perfection and appropriation of
surface
waters located on federal lands as specified;
providing for the perfection and appropriation of underground waters located on federal lands as specified; identifying the owner
of
a
water
right issued
on federal lands as specified;
restricting the holding of a water right on federal land 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
‑
116 is created to read:

41
‑
3
‑
116.

Water rights issued on federal lands; identification of the water right owner.

(a)

Pursuant to W.S. 41
‑
3
‑
101, the permitting and a
ppropriations of water for stock use, or stock and wildlife use jointly, with a point of appropriation on federal lands shall be issued in the name of
the
holder or holders of
a valid permit to graze livestock issued by the appropriate federal land management agency.

(b)

Where livestock grazing is allowed on federal land
but no grazing permit is
issued
by a federal land management agency
, any wa
ter right issued to support the
livestock grazing
may
be issued in the name
of any subdivision of state government, local government, state established special district, livestock association
or grazing
board that can provide for beneficial use of the water
pursuant to W.S. 41
‑
3
‑
101
.

(c)

Whereas wildlife is the property of the state, n
o person other than the state of Wyoming or
any subdivision of state government, local government or established special district that can provide for beneficial use of the water
shall own a water right on federal lands where the
intended water
use solely benefits wildlife,
wildlife habitat
or environmental purposes
pursuant to W.S. 41
‑
3
‑
101
.

(d)

Nothing in this section shall be construed to require the owner of a water right on federal land to maintain federally constructed
facilities
, works or infrastructure necessary for the issuance of a water right under this section.

(e)

For the purposes of this section:

(i)

A feral horse
under
federal
jurisdiction
shall
not
be consid
ered stock; and

(ii)

A federal land management agency shall not be considered a holder of a valid permit to graze livestock on federal land.

Section 2.

W.S. 41
‑
3
‑
907
is
amended to read:

41
‑
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
‑
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
)

Pursuant to W.S. 41
‑
3
‑
101, the permitting and a
ppropriations of
underground
water for stock use, or stoc
k
and wildlife use jointly, with a point of appropriation on federal lands shall be issued in the name of
the
holder or holders of a valid permit to graze livestock issued by the appropriate f
ederal land management agency.

(c
)

Where livestock grazing is allowed on federal land but no grazing permit is issued by a federal land management agency, any
underground
wa
ter right issued to support the
livestock grazing
may
be issued in the name
of

any subdivision of state government, local government, state established special district, or livestock association board that can provide for beneficial use of the water
pursuant to W.S. 41
‑
3
‑
101
.

(d
)

Whereas wildlife is the property of the state, n
o person other than the state of Wyoming or
any subdivision of state government, local government or established special district that can provide for beneficial use of the water
shall
own an underground
water right on federal lands where the
intended water
use solely benefits wildlife,
wildlife habitat
or environmental purposes
pursuant to W.S. 41
‑
3
‑
101
.

(e
)

Nothing in this section shall be construed to require the owner of a
n underground
water right on federal land to maintain federally constructed facilities, works or infrastructure necessary for the issuance of a water right under this section.

(f
)

For the purposes of this section:

(i)

A feral horse
under
federal
jurisdiction
shall
not
be consid
ered stock; and

(ii)

A federal land management agency shall not be considered a holder of a valid permit to graze livestock on federal land
.

Section 3
.

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)

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SF0122