SF0074 • 2020

Permit not required for using a de minimis amount of water.

AN ACT relating to water; eliminating permitting requirements for the beneficial use of a de minimis amount of water; and providing for an effective date.

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Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor: Water
Last action: 2020-03-09
Official status: inactive
Effective date: 3/1/2020

Plain English Breakdown

The official source material does not provide specific details about the size and structure criteria for temporary structures beyond being 'in close proximity'.

Water Use Permit Exemption

The bill removes the requirement for permits for small water storage projects that meet specific size and structure criteria.

What This Bill Does

Removes the need for permits for reservoirs with a total capacity of not more than one-half (1/2) acre-foot of water.
Allows up to ten temporary structures on perennial stream segments without requiring a map or full application, as long as each structure is in close proximity and does not exceed the specified size limit.
Gives owners 45 days to apply for a permit after receiving a violation notice if their unpermitted reservoir meets specific size limits.

Who It Names or Affects

People and organizations planning small water storage projects in Wyoming.
The state engineer's office responsible for issuing permits.

Terms To Know

de minimis: Very small or insignificant, often used to describe amounts that are too minor to be regulated.
perennial stream segment: A part of a river or stream that flows year-round.

Limits and Unknowns

The bill is marked as inactive, meaning it did not pass in the current session.
It was last active on March 9, 2020, when it died in committee.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0074SW001

Committee of the Whole • Senator Hicks

Adopted

Plain English: The amendment changes the water use permitting requirements by removing the need to apply for permits when using very small amounts of water and constructing minor temporary structures.

Eliminates the requirement for a permit application if the total capacity is not more than half an acre-foot of water and involves no more than ten temporary structures on any perennial stream segment.
Adds that the state engineer can issue permits without requiring maps for small reservoirs used only for stock purposes, with specific size limitations.

The exact impact and implementation details are not fully explained in the provided amendment text.

Bill History

2020-03-09 House
H:Died in Committee Returned Bill Pursuant to HR 5-4
2020-02-27 House
H Introduced and Referred to H05 - Agriculture
2020-02-25 House
H Received for Introduction
2020-02-24 Senate
S 3rd Reading:Passed 23-7-0-0-0
2020-02-21 Senate
S 2nd Reading:Passed
2020-02-20 Senate
S COW:Passed
2020-02-19 Senate
S Placed on General File
2020-02-19 Senate
S05 - Agriculture:Recommend Do Pass 4-0-1-0-0
2020-02-11 Senate
S Introduced and Referred to S05 - Agriculture 29-0-1-0-0
2020-02-10 Senate
S Received for Introduction
2020-02-04 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

20LSO-0380
2020
STATE OF WYOMING
20LSO-0380
ENGROSSED
3.0

SENATE FILE NO. SF0074

Permit not required for using a de minimis amount of water.

Sponsored by: Select Water Committee

A BILL

for

AN ACT relating to water; eliminating permitting requirements for the beneficial use of a de minimis amount of water; and providing for an effective date.

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

Section 1.

W.S. 41
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3
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301(a) is amended to read:

41
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3
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301.

Application for reservoir construction permit; contents; procedure; exception.

(a)

Any person, corporation, association, or organization, of any nature whatsoever, hereafter intending to store or impound, for beneficial uses, any of the unappropriated waters of the state of Wyoming, shall, before commencing construction of any works for such
purpose, or performing any work in connection with said proposed construction, make an application to the state engineer, for a permit to construct a reservoir. The application must set forth the name and post office address of the applicant; the source of the water supply; the nature of the proposed use; the location and description of the proposed work; the time within which it is proposed to begin construction, and the time required for the completion of construction. Maps and plans shall conform with the provisions of W.S. 41
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4
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510. In case of reservoirs where the storage is for stock purposes only and the capacity does not exceed twenty (20) acre
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feet and the height of dam does not exceed twenty (20) feet, the state engineer may issue a permit without the filing of a map; however the state engineer may require certain information be submitted on special forms to be furnished or designated by him.
No application under this subsection shall be required for reservoirs with a total capacity of not more than one
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half (1/2) acre
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foot of water and where the water is stored or impounded through the construction of not more than ten (10) temporary structures that are in close proximity on any perennial stream segment.
Any violation of subsection (a) of this section shall be punishable
pursuant to W.S. 41
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3
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616 with the exception that the owner of any unpermitted reservoir with a capacity of twenty (20) acre
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feet or less and a dam height of twenty (20) feet or less shall have forty
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five (45) days after receipt of the written notice of violation pursuant to W.S. 41
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3
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616(a), to submit an application for a permit. The application shall meet the requirements of the state engineer's office. Each day of the forty
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five (45) days shall not be counted as a separate violation if the application for a reservoir permit is received during this forty
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five (45) day period.

Section 2
.

This act is effective July 1, 2020
.

(END)

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SF0074