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24LSO-0268
2024
STATE OF WYOMING
24LSO-0268
Numbered
2.0
SENATE FILE NO. SF0122
Disposition of water rights-amendments.
Sponsored by: Senator(s) Kinskey and Hutchings and Representative(s) Andrew
A BILL
for
AN ACT relating to the subdivision of land and water rights; requiring evidence that the subdivider has submitted documentation to the state engineer on the disposition of water rights when subdividing land; making conforming amendments; repealing provisions; providing applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 18
‑
5
‑
306(a)(intro), (xi)(intro), (A)(I) through (III) and (B) through (E) and 18
‑
5
‑
316(b)(intro), (ix)(intro), (A)(I) through (III), (B) and (C) are amended to read:
18
‑
5
‑
306.
Minimum requirements for subdivision permits.
(a)
The board shall require, and with respect to paragraph (xii) of this subsection may require, the following information to be submitted with each application for a subdivision permit, provided the board may by rule exempt from any of the following requirements of this subsection or subsection (c) of this section
, including
and may exempt from
paragraph (xii) of this subsection
,
the subdivision of one (1) or more units of land into not more than a total of five (5) units of land:
(xi)
With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior to final approval of the subdivision
permit,
the subdivider shall provide the following:
(A)
The intended disposition of the water rights, by:
(I)
Written documentation from the state engineer or the state board of control
Evidence
that the subdivider
has
submitted to the state engineer
or
the
state board of control all documents
documentation
necessary to
voluntarily abandon
relinquish
the water rights
, cancel any unadjudicated permits or eliminate applicable lands from any unadjudicated permits. The subdivider shall notify any
and has notified
purchasers
and the board
of this action;
(II)
Written documentation from the state board of control
Evidence
that the subdivider has submitted to the state
board of control all documents
engineer the documentation
necessary to change the use
,
or
place of use
or point of diversion
to provide for beneficial use of the water rights outside the subdivision;
or
(III)
A plan,
accompanied by written documentation from
a copy of which was submitted to and approved by
the state engineer
approving the plan
prior to the final approval of the subdivision application
, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include
written documentation from the state board of control that the subdivider submitted to the state board of control
all
documents necessary to
appropriate applications for
change
the
of
use,
change of
place of use or
change in
point of diversion or means of conveyance in accordance with W.S. 41
‑
3
‑
103, 41
‑
3
‑
104 or 41
‑
3
‑
114
.
; or
(B)
If the subdivision is located within lands
,
served by or crossed by a ditch, irrigation
works
company or association
or
other water conveyance system
by an unorganized ditch
, evidence that the
subdivider submitted the
plan
to the public entity, company, association or appropriators responsible for the ditch, irrigation works or other water conveyance system for review and recommendation
has been submitted
at least sixty (60) days prior to the submittal of the application for the subdivision permit to the
board. Upon receipt
of the plan, the public entity,
company,
or
association
,
or
the remaining
appropriators
shall notify the subdivider if and how the subdivision will create a significant additional burden or risk of liability
in the case of an unorganized ditch for their review and recommendations
;
(C)
Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision
the subdivider's
his
intent to comply with this paragraph and that the
subdivider
seller
does not warrant to a purchaser that
the purchaser
he
shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision.
The subdivider
He
shall further state that
the
Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river;
(D)
If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of title 41, chapter 7 of the Wyoming statutes, the application shall include
a review and
recommendations from the irrigation district regarding
any changes to
the attached water rights and the irrigation district's easements. If there is a conflict with the irrigation district's recommendations, the
subdivider
applicant
shall certify that it
has
met with and made a good faith effort to resolve any conflicts with the irrigation district; and
(E)
If the subdivision will create a significant additional burden or risk of liability to the
public entity,
irrigation district,
company, association or
remaining
appropriators
responsible for the
including appropriators on an unorganized
ditch,
irrigation works or other water conveyance system,
the
subdivider
applicant
shall provide an adequate and responsible plan to reduce or eliminate the additional burden or risk of liability
.
and evidence that the subdivider submitted the plan to the public entity, company, association or appropriators for review and recommendation regarding the adequacy of the plan.
18
‑
5
‑
316.
Requirements for large acreage subdivision permits.
(b)
The board may require
, and with respect to paragraph (ix) of this subsection shall require,
any or all of
the following information to be submitted with an application for a subdivision permit pursuant to this section:
(ix)
With respect to any water rights appurtenant to lands to be subdivided in accordance with this section and prior to final approval of the subdivision
permit,
the subdivider shall provide the following:
(A)
The intended disposition of the water rights by:
(I)
Written documentation from the state board of control
Evidence
that the subdivider
has
submitted to the state
board of control all documents
engineer the documentation
necessary to
voluntarily abandon
relinquish
the water rights
, cancel any unadjudicated
permits or eliminate applicable lands from any unadjudicated permits. The subdivider shall notify any
and has notified
purchasers
and the board
of this action;
(II)
Written documentation from the state board of control
Evidence
that the subdivider
has
submitted to the state
board of control all documents
engineer the documentation
necessary to change the use
,
or
place of use
or point of diversion
to provide for beneficial use of the water rights outside the subdivision;
or
(III)
A plan,
accompanied by written documentation from
a copy of which was submitted to and approved by
the state engineer
approving the plan
prior to the final approval of the subdivision application
, for the distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the distribution of the water to the lots within the subdivision and shall include
written documentation from the state board of control that the subdivider submitted to the state board of control
all
documents necessary to
appropriate applications for
change
the
of
use,
change of
place of use or
change in
point of diversion or means of conveyance in accordance with W.S. 41
‑
3
‑
103, 41
‑
3
‑
104 or 41
‑
3
‑
114
.
; or
(B)
If the subdivision is located within
an irrigation district or within
lands
,
served by
or crossed by
a ditch, irrigation
works or other water conveyance system
company or association or by an unorganized ditch
, evidence that the
subdivider submitted the
plan
has been submitted
to the
public entity,
district board
company,
or
association
,
or
the remaining
appropriators
responsible for
in
the
case of an unorganized
ditch
, irrigation works or other water conveyance system
for
their
review and recommendations
;
at least sixty (60) days prior to the submittal of the application for the subdivision permit to the board;
and
(C)
Evidence that the subdivider will specifically state on all offers relative to the subdivision
the subdivider's
his
intent to comply with this paragraph and that the
subdivider
seller
does not warrant to a purchaser that
the purchaser
he
shall have any rights to the natural flow of any stream within or adjacent to the proposed subdivision.
The subdivider
He
shall further state that
the
Wyoming law does not recognize any riparian rights to the continued natural flow of a stream or river for persons living on the banks of the stream or river.
Section 2.
W.S. 15
‑
1
‑
415(e), 18
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5
‑
306(a)(xi)(A)(IV) and 18
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5
‑
316(b)(ix)(A)(IV) are repealed.
Section 3.
The requirements in this act shall apply to subdivision applications filed on and after the effective date of this act.
Section 4.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.
(END)
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SF0122