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24LSO-0213
2024
STATE OF WYOMING
24LSO-0213
ENGROSSED
3.0
SENATE FILE NO. SF0065
Temporary water use agreements amendments.
Sponsored by: Select Water Committee
A BILL
for
AN ACT relating to water; amending temporary water rights as specified; 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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110(a) and 41
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3
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111 are amended to read:
41
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3
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110.
Right to acquire temporary water rights; application; restrictions; fee.
(a)
Any person shall have the right to acquire by purchase, gift or lease the right to the use of water which may be embraced in any adjudicated or valid unadjudicated water right, or any portion thereof, for a period of not to exceed
two (2)
five (5)
years, for
highway construction or repair, railroad roadbed construction or repair, drilling and producing operations, or other temporary purposes, on its own behalf or on behalf of its agents, employees or contractors: provided, that if the proposed use is to be for public highway construction or repair under a contract with the state department of transportation, only the state transportation commission shall have the authority to acquire the water; and the state transportation commission shall have the sole and continuing responsibility for the acquisition, including the payment of all fees, royalties and other consideration for the use of and access to water and the right to acquire the rights to use shall not be delegated to a construction contractor or other third party; and further provided, that
any temporary transfer shall be allowed only if no other appropriator is injured thereby
temporary beneficial purposes, excluding the beneficial use of instream flows identified in W.S. 41
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3
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1001
.
The state engineer shall not approve a temporary transfer if it injuriously affects the water rights of other appropriators. Prior to the expiration of a temporary transfer, and upon the applicant's request, the state engineer may, in his discretion, renew temporary transfers for successive periods, with no successive period to exceed five (5) years.
The total length of any transfer including extensions thereof shall not exceed ten (10) years.
41
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3
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111.
Right to acquire temporary water rights; right of owner who cannot satisfy in full his right during time of diversion.
The owner of any permanent water right
, whether prior or subsequent
which is senior
in priority to that temporary right acquired by any person under this act who cannot satisfy
in full his
the senior
right
in full
during the time said temporary user is diverting water under its temporary water right shall have the absolute right upon demand being made upon the appropriate state water commissioner to cause such diversion to be shut off until such time as said owner's water right is satisfied, or until it is proven that the shutting down of the diversion has no effect upon owner's right.
Section 2
.
This act is effective July 1, 2024
.
(END)
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SF0065