Water-change of use.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0396

SENATE FILE
NO.

SF0110

Water-change of use.

Sponsored by:
Senator(s) Hines and Hicks and Representative(s) Barlow

A BILL

for

AN ACT relating to
water rights; authorizing a change of
place
of

use for a water right holder 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
‑
104
(
a)(intro)
is amended to read:

41
‑
3
‑
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.
The 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 under the original water right,
and
so long as there is no injury to other existing lawful appropriators.

The board of control shall consider all facts it believes pertinent to the transfer which may include the following:

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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SF0110