Water development amendments.

2017
STATE OF WYOMING
17LSO-0475
ENGROSSED
2.1

SENATE FILE

NO.

SF0122

Water development amendments.

Sponsored by:
Senator(s) Hicks, Driskill and Meier and Representative(s) Lindholm, McKim and Paxton

A BILL

for

AN ACT relating to water development; providing that the water development program is for projects necessary for public benefit as specified; requiring commission members to disclose specified information; requiring the state engineer to maintain a list of beneficial uses of water; providing applicability; and providing for an effective date.

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

Section 1
.

W.S. 41
‑
2
‑
112(
a), 41
‑
2
‑
113(a)
by creating a new paragraph (iv)
, 41
‑
2
‑
121(c)
by creating a new paragraph (iii)
and 41
‑
3
‑
101 are amended to read:

41
‑
2
‑
112
.

Wyoming water development program.

(a)

The Wyoming water development program is established to foster, promote and encourage the optimal development of the state's human, industrial, mineral, agricultural, wat
er and recreational resources.
The program shall provide, through the commission, procedures and policies for the planning, selection, financing, construction, acquisition and operation of projects and facilities for the conservation, storage, distribution and use of water, necessary in the public interest

to develop and preserve Wyoming's water and related lan
d resources. The program shall
:

(i)

E
ncourage development of water facilities for irrigation, for reduction of flood damage, for abatement of pollution, for preservation and development of fish and wildlife resources and for protection and improvement of public lands
;
and
shall

(ii)

H
elp make available the waters of this state for all beneficial uses
, including but not limited to municipal, domestic, agricultural, industrial, instream flows, hydroelectric power and recreational purposes,

as

defined in statute or determined by the state engineer, the
conservation of land resources and
the

protection of the health, safety and general welfare of the people of the state of Wyoming.

41
‑
2
‑
113
.

Definitions.

(a)

As used in W.S. 41
‑
1
‑
106 through 41
‑
1
‑
108 and 41
‑
2
‑
107 through 41
‑
2
‑
118:

(iv)

"Public benefit"
for the purpose of participating in water development commission programs
means the use of Wyoming's water
in the public interest
for beneficial uses as defined in statute or determined by the state engineer.

41
‑
2
‑
121
.

Criteria for water development projects; disclosure of personal interests by commission.

(c)

Within sixty (60) days after the effective date of this subsection or within sixty (60) days following appointment and annually on or before January 1, each member of the commission shall file written disclosures
relative to all interests held by the member or the member's spouse, including interests in partnerships and corporations, with the secretary of state, of:

(iii)

Any interests in a law firm or legal practice that represents clients with applications for water projects or clients w
ho have water projects that are
funded by the commission.

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.

(b)

The state engineer shall

develop and
maintain a list of all beneficial uses a
s
provided
in statute or determined by
the state engineer. The list of beneficial uses shall be
available in print for public inspection at the office of the state engineer and shall be made available on the website of the state engineer.
Nothing in this subsection shall be deemed to affect any beneficial use determination made prior to July 1, 2017 for any existing water right.

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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SF0122