Instream flow rights-acquisition-2.

2017
STATE OF WYOMING
17LSO-0518
Numbered
1.2

SENATE FILE

NO.
SF0080

Instream flow rights-acquisition-2.

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

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
amend
ing 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
e
nsure 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
s
tate
e
ngineer with
the
priority date
of the existing water right remaining
intact.

Section 2
.

This act is effective July 1, 2017
.

(END)

1
SF0080