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22LSO-0391
2022
STATE OF WYOMING
22LSO-0391
Numbered
2.0
SENATE FILE NO. SF0081
Clarification of existing state ownership of groundwater.
Sponsored by: Senator(s) Hicks, Boner, Driskill, French, Gierau, Perkins and Steinmetz and Representative(s) Neiman, Simpson, Sommers and Walters
A BILL
for
AN ACT relating to water; clarifying that the state owns underground water as specified; specifying legislative intent and construction; 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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905 is amended to read:
41
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3
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905.
State ownership; application; generally; registration of vested rights; permit to construct well; registration of formerly exempted wells.
(a)
Pursuant to article 8, section 1 of the Wyoming constitution, underground water within the boundaries of the state is the property of the state.
(b)
Nothing
herein contained
in this section
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.
Section 2
.
This act is intended to be declaratory in nature and provide clarification of the existing laws in the state of Wyoming as provided in the Wyoming constitution. Nothing in this act shall be construed to interfere with or modify the existing right of any person to use underground water in accordance with the laws of this state.
Section 3.
This act is effective July 1, 2022
.
(END)
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SF0081