Instream flow rights-acquisition-3.

2017
STATE OF WYOMING
17LSO-0688
Introduced
1.2

HOUSE BILL

NO.

HB0264

Instream flow rights-acquisition-3.

Sponsored by:
Representative(s) Zwonitzer and Senator(s) Case and Hicks

A BILL

for

AN ACT relating to water; providing for the temporary acquisition of existing water rights for instream flow purposes by any person as specified; providing requirements; and providing for an effective date.

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

Section
1
.

W.S. 41
‑
3
‑
1002(
e) and 41
‑
3
‑
1007 by creating a new subsection (b) and by amending and renumbering (b) as (c) are amended to read:

41
‑
3
‑
1002
.

Instream flows to be by stream segment; waters for instream flows may be sold, transferred or
otherwise conveyed under certain restrictions; ownership restricted.

(e)

No person other than the state of Wyoming shall own any
permanent
instream flow water right.

41
‑
3
‑
1007
.

Acquisition of existing rights for instream flow purposes.

(b)

Any person may acquire the use of an existing water right on a temporary basis for instream flow purposes in accordance with W.S. 41
‑
3
‑
110. Any right acquired shall be in the name of the applicant and shall be administered by the state engineer and the board of control, who shall ensure that the use of water for instream flows shall not interfere with existing water rights or impair the value of those rights or related property.

(b)
(c)

Any
such
permanent
water rights acquired and changed
pursuant to subsection (a) of this section
shall be limited to a specified stream segment by the board of control with priority date intact.
Any temporary water rights acquired pursuant to subsection (b) of this section
shall be limited to a specified stream segment by the state engineer with
the
priority date
of the existing water right remaining
intact.

Section 2.

This
act is effective July 1,
201
7
.

(END)

1
HB0264