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20LSO-0313
2020
STATE OF WYOMING
20LSO-0313
Introduced
2.0
HOUSE BILL NO. HB0058
State Engineer list of approved flumes.
Sponsored by: Representative(s) Sommers and Senator(s) Hicks
A BILL
for
AN ACT relating to water; requiring the development and maintenance of a list of approved infrastructure for ditches, canals, reservoirs and streams as specified; amending requirements and procedures for constructing and maintaining flumes and measuring devices; specifying an appeal process; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 9
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902(a)(vi) and by creating a new paragraph (viii) and 41
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613 are amended to read:
9
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902.
Duties and powers; representation of state at proceedings relating to water or water use.
(a)
The state engineer shall:
(vi)
Suggest to the governor the amendment or enactment of laws to benefit the state;
and
(viii)
Promulgate rules to develop, maintain and publish a list of appropriate flumes, measuring devices and methods used in the United States for use under W.S. 41
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613. The list shall be reviewed annually and updated as new technology and methodologies develop.
41
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613.
Headgates, flumes or measuring devices; owners to construct and maintain; failure to comply; appeals from decisions.
(a)
The owner or owners of any ditch or canal shall maintain, to the satisfaction of the division superintendent of the division in which the irrigation works are located, a substantial headgate at the point
where the water is diverted, which shall be of such construction that it can be locked and kept closed by the water commissioner; and such owners shall construct and maintain, when required by the division superintendent, flumes or other measuring devices at such points along such ditch as may be necessary for the purpose of assisting the water commissioner in determining the amount of water that is to be diverted into said ditch from the stream, or taken from it by the various users. Any and every owner or manager of a reservoir, located across or upon the bed of a natural stream, shall be required to construct and maintain, when required by the
division superintendent
state engineer
, a flume or measuring device of a plan to be approved by the state engineer, below such reservoir at a point not to exceed six hundred (600) feet distant therefrom, and a flume or measuring device above such reservoir or each and every stream or source of supply discharging into such reservoir, for the purpose of assisting the water commissioner or superintendent in determining the amount of water to which prior appropriators are entitled and thereafter diverting it for such prior appropriators' use. When it may be necessary,
for the protection of other water users, the division superintendent has authority to require flumes
or other measuring devices
to be installed along the line of any ditch. If any such owner or owners of irrigation works shall refuse or neglect to construct and put in such headgates, flumes or measuring devices after ten (10) days notice to do so by division superintendent, it shall be the duty of the water commissioner of the district in which such headgate is located, on order of the division superintendent, to close such ditch to the passage of water, and the same shall not be opened or any water diverted from the source of supply, under the penalties prescribed by W.S. 41
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614, until the requirements of the division superintendent as to such headgate, flumes or measuring device have been complied with
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, and
I
f any owner, or manager of a reservoir located across the bed of a natural stream shall neglect or refuse to put in such measuring device after
ten (10)
thirty (30)
days notice to do so by the
division superintendent
state engineer
, the water commissioner shall open the sluice gate or outlet of such reservoir and the same shall not be closed under penalties pursuant to W.S. 41
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614, until the requirements
of the
division superintendent
state engineer
as to such measuring devices are complied with.
Any flume or measuring device required under this section shall be from the list promulgated pursuant to W.S. 9
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902(a)(viii).
(b)
The owner or owners of any ditch or canal and the owner or manager of any reservoir shall be allowed to choose from the list of flumes or measuring devices published pursuant to W.S. 9
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902(a)(viii), provided:
(i)
The division superintendent may reject the choice of the owner or owners of any ditch or canal and shall submit in writing to the owner or owners a justification of his decision to deny the chosen flume or measuring device;
(ii)
The state engineer may reject the choice of the owner or manager of any reservoir and shall submit in writing to the owner or manager of any reservoir a justification of his decision to deny the chosen flume or measuring device;
(iii)
The division superintendent and the state engineer shall consider the least cost options and not require a more exacting flume or measuring device than those used by the board of control in fulfilling its own duties.
(c)
The decision of the division superintendent in rejecting a canal or ditch owner's or owners' choice of flume or measuring device may be appealed to the state engineer. The decision of the state engineer to affirm the decision of the division superintendent or a decision by the state engineer to reject the reservoir owners' or managers' choice of flume or measuring device may be appealed to the district court of the county where the flume or measuring device is required to be installed.
Section 2
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This act is effective July 1, 2020
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(END)
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HB0058