AN ACT relating to underground water; clarifying the burden of proof in underground water contested case hearings; specifying applicability; and providing for an effective date.
Enacted
This bill passed the Legislature and reached final enactment based on the latest official action.
Sponsor
Representative Eklund
Last action
2022-03-21
Official status
enrolled
Effective date
7/1/2022
Plain English Breakdown
The candidate explanation includes details that are not directly supported by the provided official bill summary and text, such as specifying surface water or other types of water rights. The official document does not provide this level of detail.
Underground Water Contested Case Hearings
This law changes how contested case hearings for underground water well permits work, making it so the person applying for a permit has to prove their case.
What This Bill Does
Changes the rules for contested case hearings about underground water well permits.
Requires applicants to provide proof that they meet all requirements for getting a permit.
Applies these new rules to any petition to change an existing water right or application for new underground water filed after July 1, 2022.
Who It Names or Affects
People who apply for permits to drill new wells in underground water control areas.
Individuals trying to change existing water rights related to underground water.
Terms To Know
Contested case hearing
A formal meeting where people argue about a decision made by the state engineer regarding water permits or rights.
Burden of proof
The responsibility to provide evidence and prove something in a legal proceeding, such as a contested case hearing.
Limits and Unknowns
Only applies to petitions and applications filed on or after July 1, 2022.
Does not affect how hearings work for applications before this date.
Amendments
These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: The amendment removes a specific line from the bill's first page, which is part of an act about underground water hearings.
Removes the entire text at line 6 on the first page of HB0136.
The exact content and implications of removing this specific line are not clear without knowing what was originally in that line.
Bill History
2022-03-21LSO
Assigned Chapter Number 104
2022-03-21Governor
Governor Signed HEA No. 0039
2022-03-09Senate
S President Signed HEA No. 0039
2022-03-09House
H Speaker Signed HEA No. 0039
2022-03-08LSO
Assigned Number HEA No. 0039
2022-03-08Senate
S 3rd Reading:Passed 30-0-0-0-0
2022-03-07Senate
S 2nd Reading:Passed
2022-03-04Senate
S COW:Passed
2022-03-04Senate
S Placed on General File
2022-03-04Senate
S05 - Agriculture:Recommend Do Pass 5-0-0-0-0
2022-03-02Senate
S Introduced and Referred to S05 - Agriculture
2022-03-02Senate
S Received for Introduction
2022-03-01House
H 3rd Reading:Passed 41-16-3-0-0
2022-02-28House
H 2nd Reading:Passed
2022-02-25House
H COW:Passed
2022-02-24House
H Placed on General File
2022-02-24House
H05 - Agriculture:Recommend Do Pass 6-2-1-0-0
2022-02-18House
H Introduced and Referred to H05 - Agriculture 60-0-0-0-0
2022-02-16House
H Received for Introduction
2022-02-15LSO
Bill Number Assigned
Official Summary Text
Bill Summary - 22LSO-0342
Bill No.:
HB0136
Effective:
7/1/2022 12:00:00 AM
LSO No.:
22LSO-0342
Enrolled Act No.:
HEA No. 0039
Chapter No.:
104
Prime Sponsor:
Eklund
Catch Title:
Underground water contested case hearings.
Subject:
Underground water control areas.
Summary/Major Elements:
This act specifies that the burden of proof in contested case hearings for water well permit applications in underground water control areas shall be on the applicant for the water well permit.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.
While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Current Bill Text
Read the full stored bill text
22LSO-0342
ORIGINAL House
Bill No
.
HB0136
ENROLLED ACT NO. 39,
HOUSE OF REPRESENTATIVES
SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session
AN ACT relating to underground water; clarifying the burden of proof in underground water contested case hearings; specifying applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 41
‑
3
‑
932(c) is amended to read:
41
‑
3
‑
932.
Public notice of application or petition; hearing before state engineer and control area advisory board; cost.
(c)
The application or petition shall be granted and the permit issued only if the state engineer finds, after receiving the advice of the control area advisory board, that there are unappropriated waters in the proposed source, that the proposed means of diversion or construction is adequate, that the location of the proposed well or other work does not conflict with any well spacing or well distribution regulation
,
and that the proposed use would not be detrimental to the public interest.
In any contested case hearing conducted under this section, the applicant or petitioner shall bear the burden of proof.
If the state engineer finds that the application or petition is incomplete or otherwise defective, he shall return the application or petition for correction. If the correction is not made within ninety (90) days, the application or petition shall be rejected.
Section 2
.
This act shall apply to any petition to amend an existing water right or an application to appropriate underground water filed in W.S. 41-3-932 on and after the effective date of this act.
Section 3.
This act is effective July 1, 2022
.
(END)
Speaker of the House
President of the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk
1