Water rights-livestock on federal land.

21LSO-0611
2021
STATE OF WYOMING
21LSO-0611
Introduced
2.0

SENATE FILE NO. SF0135

Water rights-livestock on federal land.

Sponsored by: Senator(s) Hicks, Boner, Cooper, Driskill, French and Steinmetz and Representative(s) Clausen, Greear, Hunt, Laursen, Neiman and Paxton

A BILL

for

AN ACT relating to water; providing requirements for a water right permit secured for purposes of watering livestock on federal land; providing for the perfection and appropriation of springs and spring water located on federal lands; identifying the appropriator of water on federal lands as specified; providing definitions; 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
‑
116 is created to read:

41
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3
‑
116.

Livestock water right for watering livestock on federal land.

(a)

As used in this section:

(i)

"Allotment" means a designated area of federal land available for livestock grazing;

(ii)

"Animal unit month" or "AUM" means the amount of forage needed to sustain one (1) cow and her calf, one (1) horse or five (5) sheep or goats for one (1) month;

(iii)

"Federal agency" means the United States, the President of the United States and any department, corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States;

(iv)

"Grazing permit" means a document authorizing livestock to graze on an allotment;

(v)

"Livestock" means as defined by W.S. 11
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22
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101(a)(ii) but does not include wild horses claimed by the federal government under the federal Wild Free
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Roaming Horses and Burros Act, P.L. 92
‑
195.

(b)

Notwithstanding any other provision of this chapter, any permit or water right granted or issued under this chapter for the purposes of watering livestock on federal land shall:

(i)

Only be issued
in the name of a federal agency jointly with the holder of a valid permit to graze livestock on those federal lands
;

(ii)

Remain valid only if the permit or right is:

(A)

Put to beneficial use within the time specified in W.S. 41
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3
‑
401(a); or

(B)

Held by a person or grazing association who has the right to use a grazing permit or who has
authorized grazing privileges granted by a federal agency and who grazes livestock on the allotment.

(iii)

Be appurtenant to the allotment or land on which the livestock is watered;

(iv)

Not be changed or amended under W.S. 41
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3
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104 without the consent of the
holder or holders of a valid permit to graze livestock on the federal land
.

(c)

No federal agency shall:

(i)

Condition the issuance, renewal, amendment or extension of any grazing permit or other permit, approval, license, allotment, easement, right
‑
of
‑
way or other land use occupancy agreement regarding livestock on the transfer of any water right or permit directly to the federal agency;

(ii)

Require any water user to apply for or acquire a water right or permit in the name of the federal agency as a condition for the issuance, renewal, amendment
or extension of any grazing permit or other permit, approval, license, allotment, easement, right
‑
of
‑
way or other land use occupancy agreement regarding livestock;

(iii)

Acquire a water right or permit for the purposes of watering livestock on federal land if the federal agency is not or will not put that water to beneficial use.

(d)

Any water right or permit issued under this chapter shall be appurtenant to the federal land and shall automatically transfer to a person or grazing association that receives an allotment or grazing permit on that federal land.

(e)

Any
holder of a valid permit to graze livestock on federal land
may access or improve an allotment as necessary for the person to put the water to beneficial use and to develop and maintain the water right appurtenant to the allotment, consistent with any grazing agreement, allotment or resource management plan.

(f)

Notwithstanding W.S. 41
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3
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401, no water right shall be deemed abandoned or partially abandoned when:

(i)

The abandonment or nonuse is caused by, in whole or in part, a federal agency's reduction of the AUMs on federal land; or

(ii)

The nonuse is voluntary because a grazing permit holder chooses not to graze livestock on that allotment, provided that the nonuse shall not exceed three (3) years.

(g)

Nothing in this section shall affect any livestock water right or permit held by a federal agency on or before July 1, 2021.

Section 2.

W.S. 41
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3
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902, 41
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3
‑
905 and 41
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3
‑
935(c) are amended to read:

41
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3
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902.

Spring waters; perfection of right to use; limitation.

All springs and spring waters where the yield does not exceed twenty
‑
five (25) gallons per minute and where the use is for domestic or stock purposes only
and all springs and spring waters located on federal lands in Wyoming
, shall be considered as groundwater. Perfection of the right to use spring water up to twenty
‑
five (25) gallons per minute for domestic or stock use
and to use all spring water located on federal lands
shall be made in accordance with the laws pertaining to groundwater.

41
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3
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905.

Application; generally; registration of vested rights; permit to construct well; registration of formerly exempted wells.

(a)

Nothing herein contained shall be construed so as to interfere with the right of any person to use water from any existing well where such water is economically and beneficially used for irrigation or for municipal, railway, industrial or other beneficial use, to the extent only that such continued right does not injuriously affect existing adjudicated surface rights not heretofore abandoned, and such use is hereby declared to constitute a vested right,
provided, that the owner of any such right acquired before April 1, 1947, must have filed with the state engineer the statement required by W.S. 41
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3
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901 through 41
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3
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938, on or before December 31, 1957, and the owner of any right acquired on or after April 1, 1947, must have registered his well with the state engineer as required by W.S. 41
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3
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901 through 41
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3
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938, prior to the effective date of this act, and provided further, that the right to take underground water from any well exempted from the provisions of W.S. 41
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3
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901 through 41
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3
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938, that is not exempted from the provisions of this act, and that shall be registered with the state engineer prior to the effective date of this act, shall also constitute a vested right in the use of water with priority as of the time of completion of the well. No well shall be constructed after the effective date of this act unless a permit has been obtained from the state engineer. All existing stock and domestic wells formerly exempted may be registered with the state engineer prior to December 31, 1972. The state engineer shall make appropriate forms for such registration available with each county clerk and at such other places as he deems feasible.

(b)

Appropriations of underground water for stock use where the water is applied to beneficial use on federal lands shall be granted in the name of a federal land agency jointly with the holder of a valid permit to graze livestock on those federal lands.

41
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3
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935.

Adjudication procedure.

(c)

Adjudication shall proceed in the same manner prescribed for the adjudication of surface water appropriations once the state engineer or his authorized representative has reported his findings to the board. A ground water appropriation attaches to the land for irrigation, or
for
to
such other purposes or object for which it was acquired.

Section 3
.

This act is effective July 1, 2021
.

(END)

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SF0135