Instream flow rights-acquisition.

2017
STATE OF WYOMING
17LSO-0167
Introduced
1.3

SENATE FILE

NO.
SF0058

Instream flow rights-acquisition.

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

A BILL

for

AN ACT relating to water; amending requirements for the acquisition of temporary water rights as specified; amending the requirements for acquiring existing water rights for instream flows; and providing for an effective date.

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

Section
1
.

W.S.
41
‑
3
‑
110(a) and 41
‑
3
‑
1007(a) are amended to read:

41
‑
3
‑
110
.

Right to acquire temporary water rights
;
application; restrictions; fee.

(a)

Any person shall have the right to acquire by purchase, gift or lease the right to the use of water which may be embraced in any adjudicated or valid unadjudicated water right, or any portion thereof, for a period of not to exceed two (2) years, for highway construction or repair, railroad roadbed construction or repair, drilling and producing operations, or
any

other
temporary

beneficial

purposes, on its own behalf or on behalf of its agents, employees or contractors: provided, that if the proposed use is to be for public highway construction or repair under a contract with the state department of transportation, only the state transportation commission shall have the authority to acquire the water; and the state transportation commission shall have the sole and continuing responsibility for the acquisition, including the payment of all fees, royalties and other consideration for the use of and access to water and the right to acquire the rights to use shall not be delegated to a construction contractor or other third party; and further provided, that any temporary transfer shall be allowed only if no other appropriator is injured thereby.

41
‑
3
‑
1007
.

Acquisition of existing rights for instream flow purposes.

(a)

The state of Wyoming may acquire any existing water rights in streams of Wyoming by transfer or gift for the purpose of providing instream flows, provided that a change in use of the right acquired shall be in accordance with W.S. 41
‑
3
‑
104

or
temporary use pursuant to W.S.
41
‑
3
‑
110
. Any right acquired and changed shall be in the name of the state of Wyoming and shall be administered by the state engineer and the board of control, who shall insure that the use of water for instream flows shall not interfere with existing water rights or impair the value of such rights or related property. The game and fish commission shall act as a petitioner in a petition for change in use under this section.

Section 2
.

This act is effective July 1, 2017
.

(END)

1
SF0058