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23LSO-0045
2023
STATE OF WYOMING
23LSO-0045
Numbered
2.0
HOUSE BILL NO. HB0060
Colorado river authority.
Sponsored by: Representative(s) Sommers and Senator(s) Hicks
A BILL
for
AN ACT relating to water; establishing the Colorado River authority within the office of state engineer; establishing the river commissioner; providing the powers and duties of the authority and the commissioner; providing rulemaking authority; specifying duties of the attorney general; authorizing employees; making conforming changes; specifying initial terms of authority members; providing an appropriation; 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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301 through 41
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307 are created to read:
ARTICLE 3
COLORADO RIVER AUTHORITY AND RIVER COMMISSIONER
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301.
Short title.
This article shall be known and may be cited as the "Colorado River Authority of Wyoming Act."
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302.
Definitions.
(a)
As used in this article:
(i)
"Authority" means the Colorado River authority of Wyoming;
(ii)
"Chair" means the chairperson of the authority as specified under W.S. 41
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306;
(iii)
"Colorado River basin states" means Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming;
(iv)
"Colorado River system" means the entire drainage of the Colorado River in Wyoming including any tributaries of the Colorado River;
(v)
"Law of the river" means the compacts, federal laws, treaties, court decisions and decrees, contracts and regulatory guidelines that underlie and authorize the management of the Colorado River;
(vi)
"River commissioner" means the person appointed as the river commissioner under W.S. 41
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306.
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303.
Applicability of article.
(a)
This article shall not be interpreted to override, supersede or modify:
(i)
Any water right within Wyoming;
(ii)
The role or authority of the state engineer.
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304.
Colorado River authority of Wyoming.
(a)
There is created the Colorado River authority of Wyoming within the interstate streams division of the office of state engineer.
(b)
The authority shall be composed of nine (9) members as follows:
(i)
Two (2) members representing the upper Green River basin, appointed by the board of county commissioners of Sublette county;
(ii)
Three (3) members representing the lower Green River basin, with one (1) member appointed by the board of county commissioners of Lincoln county, one (1) member appointed by the board of county commissioners of Sweetwater county and one (1) member appointed by the board of county commissioners of Uinta county;
(iii)
One (1) member representing the Little Snake River basin, appointed by the board of county commissioners of Carbon county;
(iv)
The state engineer;
(v)
One (1) at
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large member appointed by the governor;
(vi)
The governor or the governor's designee.
(c)
Appointed authority members shall be appointed for a term of six (6) years. Authority members may be reappointed for additional terms. Each authority member appointed under subsection (b) of this section shall be a resident of Wyoming and shall have experience and a general knowledge of Colorado River matters. Members appointed under paragraphs (b)(i), (ii) and (iii) of this section shall have knowledge of issues in the area that the member is appointed to represent.
(d)
The vacancy of any appointed member shall be filled by the applicable appointing entity for the balance of the unfilled term.
(e)
Members of the authority shall not receive compensation for their services, provided that state employees who are authority members shall suffer no loss of wages for the time devoted to attending meetings of the authority. All members shall be provided per diem and travel expenses incurred for attending meetings at the rates provided under W.S. 9
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102 and 9
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103.
(f)
Five (5) members of the authority constitute a quorum to conduct authority business. An affirmative vote of at least five (5) members is required to pass authority business.
(g)
The authority shall meet not less than one (1) time per year. The authority shall meet at additional times at the call of the chair or at the request of five (5) or more members.
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305.
Authority powers and duties.
(a)
The mission of the authority is to protect, conserve, use and develop Wyoming's waters in the Colorado River system.
(b)
The authority may advise, support, gather information and provide input to the river commissioner.
(c)
The authority may develop a management plan to ensure that Wyoming can protect and develop the Colorado River system and to ensure that Wyoming can operate within the state's apportionment of the Colorado River system under the law of the river.
(d)
The authority may authorize the creation of advisory councils composed of interested persons to consult with the authority. The authority may consider input from the advisory councils that directly relates to the mission and objectives of the authority. The authority shall establish rules related to authorized advisory councils including the membership, leadership and authorized areas of interest for each advisory council.
(e)
The authority may consult with other interested persons including water divisions established by W.S. 41
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501 and any interested irrigation district, watershed improvement district, conservation district, conservancy district or other person as determined by the authority.
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306.
River commissioner; appointment; duties.
(a)
If the governor has appointed a river commissioner related to the Colorado River before July 1, 2023, that appointment shall expire on June 30, 2028. If the river commissioner appointed by the governor before July 1, 2023 is also a member of the authority, the river commissioner shall serve as the chair of the authority until June 30, 2028.
(b)
After June 30, 2028 the authority shall elect a chair from among its members who shall, with the approval of the governor, serve as the river commissioner. If the authority and the governor cannot agree, the governor may select another member of the authority to serve as the river commissioner. The term of the river commissioner and the chair shall be for three (3) years. The river commissioner and the chair may be re
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elected for subsequent terms. If there is a vacancy in the river commissioner, the position shall be elected, with the approval of the governor, from the members of the authority for the balance of the term.
(c)
The authority, with the approval of the governor, may remove the river commissioner if the authority finds that the river commissioner has engaged in neglect of duty or malfeasance in office. If the commissioner is removed under this subsection, the removed river commissioner shall not serve as a member of the authority. The governor may remove any member he appoints as provided in W.S. 9
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202.
(d)
The river commissioner:
(i)
Shall represent the state and Wyoming users of the waters of the Colorado River system in consultations or negotiations with:
(A)
The upper Colorado River commission;
(B)
Colorado River basin states; and
(C)
The government of the United States.
(ii)
May make and enter into a compact between Wyoming and Colorado River basin states, either jointly or severally. A compact that defines the rights of the states or of the United States in the waters of the Colorado River system is not binding on Wyoming until ratified and approved by:
(A)
The Wyoming state legislature by joint resolution;
(B)
The governor of Wyoming;
(C)
The appropriate federal agency, if federal agency approval is required.
(iii)
Shall represent the state in consultations with other states, the United States, foreign countries and private persons and negotiate and enter into agreements between the state and those entities, jointly or severally;
(iv)
Shall represent the state as a member of any interstate or international commission or other body as may be established relating to the Colorado River system including any related transactions with Colorado River basin states, the federal government or a foreign country;
(v)
May investigate past, present and potential uses of the water of the Colorado river system within and without the state;
(vi)
Shall investigate, coordinate, collate and preserve information, facts and data bearing on the claims of states and of public or private agencies within and without the state related to the water and use of water in the Colorado River system;
(vii)
Shall, if necessary, request that the governor and attorney general take legal action on behalf of the state and Wyoming users of the Colorado River system waters to ensure, conserve, protect and preserve Wyoming's allocation of the Colorado River system waters as authorized by the law of the river;
(viii)
Shall report to the governor the measures, including any recommended legislative action, that the river commissioner determines necessary to carry out the duties of the river commissioner or the authority;
(ix)
Shall perform the duties imposed by this article and take any other action the river commissioner considers necessary or expedient to carry out the purposes of this article.
(e)
To safeguard the rights and interests of Wyoming, Wyoming's agencies and Wyoming's residents related to the waters of the Colorado River system, the river commissioner shall consult with the authority in exercising the powers and performing the duties of the river commissioner under this article. The river commissioner shall report and make recommendations to the authority at the request of the authority and at other times as determined by the river commissioner.
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307.
Employees; duties of the attorney general.
(a)
The chair may employ an executive director of the authority. The executive director shall:
(i)
Administer and carry out the policies of the authority;
(ii)
Direct and supervise the technical and administrative activities of the authority;
(iii)
Subject to the availability of funding, employ two (2) program managers and any additional employees necessary to carry out the functions and duties of the authority that are assigned to the executive director.
(b)
The executive director may employ one (1) or more consultants or other professionals to advise the authority or the river commissioner. The executive director may, with the consent of the attorney general, employ or retain legal counsel to advise the authority or the river commissioner.
(c)
Except as otherwise provided in subsection (b) of this section, the attorney general shall represent the river commissioner and the authority, including authority members and officers, in all matters related to the Colorado River system. At the request of the authority or the river commissioner and with the consent of the governor, the attorney general may initiate or join legal actions to enforce or defend the state's rights in matters related to the Colorado River system.
Section 2.
W.S. 41
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201 by creating a new subsection (d) is amended to read:
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201.
Appointment of commissioners to serve on joint commission; ratification of compacts; governor may serve as commissioner; applicability of article.
(d)
Nothing in this article shall apply to the appointment of the Colorado river commissioner or the Colorado river authority under article 3 of this chapter except as specifically provided in W.S. 41
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306. The provisions of article 3 of this chapter shall control over any conflicting provisions of this article.
Section 3.
On or before July 1, 2023, the entities appointing authority members under W.S. 41
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304(b) shall appoint initial members to the Colorado River authority. To provide for staggered terms, of the initial members appointed to the Colorado River authority, one (1) member appointed by the board of county commissioners of Sublette county, the member appointed by the board of county commissioners of Lincoln county, the member appointed by the board of county commissioners of Uinta county and the at
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large member appointed by the governor shall be appointed for initial terms of three (3) years. All other initial members shall be appointed for terms of six (6) years as provided by W.S. 41
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304(c).
Section 4.
There is appropriated four hundred thousand dollars ($400,000.00) from the general fund to the office of the state engineer. This appropriation shall only be expended to provide for an executive director and two (2) program managers as provided in W.S. 41
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307(a).
Section 5
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This act is effective July 1, 2023
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(END)
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HB0060