Instream flow application process.

20LSO-0165
2020
STATE OF WYOMING
20LSO-0165
ENGROSSED
3.0

SENATE FILE NO. SF0075

Instream flow application process.

Sponsored by: Select Water Committee

A BILL

for

AN ACT relating to water; amending the instream flow application process; requiring a hearing 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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1003(b) and (c) and 41
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1004(a) and (b) are amended to read:

41
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1003.

Game and fish commission; construction of measuring devices; recommendations; permits; fees and costs.

(b)

The state game and fish commission may
report
recommend
to the water development commission annually those specific segments of stream which the game and fish
commission considers to have the most critical need for instream flows. The game and fish commission shall identify the points on the stream at which the need for instream flows begins and ends, the time of year when the flows are most critical and a detailed description of the minimum amount of water necessary to provide adequate instream flows.
Upon receiving a recommendation from the game and fish commission on the need for instream flows on specific segments of stream, the water development commission shall file applications in the name of the state of Wyoming for permits to appropriate water for instream flows in those segments of stream recommended by the game and fish commission. After submitting its recommendation to the water development commission, the game and fish commission shall hold a public meeting in the community closest to, or within the same drainage as, any segments of stream for which the game and fish commission submitted a recommendation for instream flows. The game and fish commission shall provide notice of the public meeting to:

(i)

Landowners adjacent to any stream segment recommended for instream flows;

(ii)

Owners of appropriations which divert within any stream segment recommended for instream flows; and

(iii)

Secondary permit holders appropriating stored water out of any reservoir the game and fish commission anticipates being a source for any stream segment recommended for instream flows.

(c)

The water development commission shall file applications in the name of the state of Wyoming for permits to appropriate water for instream flows in those segments of stream recommended by the game and fish commission.
Following the public meeting required by W.S. 41
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1003(b) the game and fish commission shall transmit any written comments received regarding the recommended instream flow segments and the detailed written summary of the public meeting to the water development commission for review.
The state engineer shall not grant any permits to appropriate or store water for instream flows prior to
the game and fish commission's public meeting, receipt of public comments and the public meeting summary required by this subsection and prior to
the completion of the study
provided by W.S. 41
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1004 or prior to the hearing required by W.S. 41
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1006. Fees and costs of the commission associated with permit applications and adjudication of water rights shall be borne by the game and fish commission.

41
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1004.

Water development commission to determine storage feasibility; report to the game and fish commission and the legislature.

(a)

Immediately after permits have been applied for
After receipt of written comments and the public meeting summary
under W.S. 41
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1003(c), the water development commission shall determine the feasibility of providing instream flows for the recommended segments of streams from unappropriated direct flows or from existing storage facilities or from new facilities. The feasibility study shall include a determination of water necessary to maintain or improve existing fisheries for water rights under W.S. 41
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1001(b) or of water necessary to provide fisheries for water rights under W.S. 41
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1001(a). The feasibility study shall also include the availability of storage sites, the estimated cost of providing any required
storage and such other findings and conclusions as the water development commission deems appropriate. The cost of any consultant and any associated costs that the water development commission determines are necessary to complete a feasibility study under this section shall be borne by the game and fish commission. The water development commission shall consult with the game and fish commission prior to entering into any contract related to a feasibility study under this section.

(b)

The water development commission shall
make a
report
its findings
to the game and fish commission and
to
the legislature
outlining their findings
during its next general session
.

Section 2
.

This act is effective July 1, 2020
.

(END)

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SF0075