Water-beneficial use.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0277

SENATE FILE
NO.
SF0076

Water-beneficial use.

Sponsored by:
Senator(s) Hicks, Driskill and Meier

A BILL

for

AN ACT relating to water; providing that the legislature retains authority to determine beneficial use of water; providing a definition of "beneficial use"; and providing for an effective date.

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

Section 1.

W.S. 41
‑
3
‑
101 is amended to read:

41
‑
3
‑
101.

Nature of water rights and beneficial use.

(a)

A water right is a right to use the water of the state, when such use has been acquired by the beneficial application of water under the laws of the state relating thereto, and in conformity with the rules and regulations dependent thereon. Beneficial use shall be the basis, the measure and limit of the right to use water at all times,
not exceeding the statutory limit except as provided by W.S. 41
‑
4
‑
317. In addition to any beneficial use specified by law or rule and regulation promulgated pursuant thereto, the use of water for the purpose of extracting heat therefrom is considered a beneficial use subject to prior rights. Water being always the property of the state, rights to its use shall attach to the land for irrigation, or to such other purposes or object for which acquired in accordance with the beneficial use made for which the right receives public recognition, under the law and the administration provided thereby. Water rights for the direct use of the natural unstored flow of any stream cannot be detached from the lands, place or purpose for which they are acquired, except as provided in W.S. 41
‑
3
‑
102 and 41
‑
3
‑
103, pertaining to a change to preferred use, and except as provided in W.S. 41
‑
4
‑
514.
The legislature hereby retains authority for changes to or determination of what constitutes beneficial use of water in
Wyoming
.

(b)

"Beneficial use"
includes, without limitation,
the following uses:

(i)

Aquaculture;

(ii)

Bathing;

(iii)

Coal bed natural gas production;

(iv)

Chemical;

(v)

Consumptive instream flow;

(vi)

Commercial;

(vii)

Culinary;

(viii)

Dewatering;

(ix)

Domestic;

(x)

Drilling;

(xi)

Domestic supply;

(xii)

Environmental;

(xiii)

Erosion control;

(xiv)

Fire protection;

(xv)

Fish propagation;

(xvi)

Flood control;

(xvii)

Ground water recharge;

(xviii)

Heat extraction;

(xix)

Industrial;

(xx)

Irrigation;

(xxi)

Instream flow;

(xxii)

Manufacturing;

(xxiii)

Mechanical;

(xxiv)

Medicinal;

(xxv)

Milling;

(xxvi)

Mining;

(xxvii)

Monitoring;

(x
xviii
)

Municipal;

(xx
i
x)

Nonconsumptive flow through;

(xxx)

Oil refining or production;

(xxxi)

Power development;

(xxxii)

Recreation;

(xxxi
ii
)

Refining;

(xxxiv)

Replacement water for hydrologically connected sources;

(xxxv)

Reservoir supply;

(xxxv
i
)

Stock;

(xxxvi
i
)

Temporary use;

(xxxvii
i
)

Test well;

(xxx
ix
)

Public utility;

(
xl
)

Wild and scenic;

(xl
i
)

Wetlands;

(xli
i
)

Wildlife.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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SF0076