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HB0105 • 2025

Breach orders due process.

AN ACT relating to water; requiring the state engineer to hold a public meeting, seek alternatives and provide notice before executing an emergency order to breach a dam or diversion; providing an exception; requiring rulemaking; specifying applicability; and providing for an effective date.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Water
Last action
2025-02-03
Official status
inactive
Effective date
3/1/2025

Plain English Breakdown

The bill did not pass, so its provisions are not currently enforceable.

Rules for Dam and Diversion Breaches

This act requires the state engineer to hold a public meeting, seek alternatives, and provide notice before executing an emergency order to breach a dam or diversion unless there is immediate danger.

What This Bill Does

  • Requires the state engineer to hold at least one public meeting when considering an order to breach a dam or diversion if it's not an immediate danger situation.
  • Requires the state engineer to look for other ways to fix problems without breaching, if possible.
  • Requires the state engineer to notify people who might be affected by the breach about potential risks and liabilities.

Who It Names or Affects

  • The state engineer
  • Owners of dams or diversion systems
  • People living near dams or diversions

Terms To Know

Emergency order
A directive issued by the state engineer in urgent situations to protect lives and property.
Public meeting
A gathering where people can give their opinions on a proposed action, like breaching a dam or diversion.

Limits and Unknowns

  • The bill did not pass in the session it was introduced.
  • It does not specify what happens if an immediate breach is necessary within ten days.
  • The exact rules for implementing this act are to be determined by the state engineer.

Bill History

  1. 2025-02-03 House

    H Did not Consider for Introduction

  2. 2025-01-06 House

    H Received for Introduction

  3. 2025-01-02 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
25LSO-0402
2025
STATE OF WYOMING
25LSO-0402
Numbered
2.0

HOUSE BILL NO. HB0105

Breach orders due process.

Sponsored by: Select Water Committee

A BILL

for

AN ACT relating to water; requiring the state engineer to hold a public meeting, seek alternatives and provide notice before executing an emergency order to breach a dam or diversion; providing an exception; requiring rulemaking; 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
‑
314(a) and by creating a new subsection (d) is amended to read:

41
‑
3
‑
314.

Alterations or repairs of dams or diversion systems; emergency repairs or breaching.

(a)

Subject to subsection (d) of this section, i
n case of an emergency where the state engineer or his authorized representative declares that repairs or breaching of a dam or diversion system are immediately necessary to safeguard life and property, the necessary repairs or breaching shall be started immediately by the owner or by the state engineer or his representative at the owner's expense, if the owner fails to do so. The state engineer and emergency response agencies shall be notified at once of any changes in the physical conditions of the dam, diversion system, or reservoir which significantly increase the probability of failure of the dam or diversion works or the danger to life or property, proposed emergency repairs or breaching to be instituted by the owner. These reporting requirements shall apply only to cases in which an emergency has been declared pursuant to this subsection.

(d)

Unless there is an immediate danger where a breach is necessary in less than ten (10) days, before the state engineer or his authorized representative may physically execute an order requiring a breach under this section the state engineer or his representative shall:

(i)

Determine whether there are alternatives to breaching;

(ii)

Hold not less than one (1) public meeting in the area where the breach will occur, that is not a public meeting of an irrigation district, to allow for public comment. This public meeting shall occur, even if it is after the breach order has been issued;

(iii)

Notify those affected of liability associated with any damage or unforeseen circumstances associated with breaching issued under an order by the state engineer;

(iv)

Contact each water rights holder or landowner with water storage rights providing information on the proposed breach and the upcoming public meeting.

Section 2.

This act shall apply to all orders by the state engineer to breach a dam or diversion issued on and after the effective date of this act.

Section 3.

The state engineer shall promulgate any rules necessary to implement 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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HB0105