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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.

Land
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

Checked against official source text during the last sync.

Rules for Dam and Diversion Breaches

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

What This Bill Does

  • Requires the state engineer to hold at least one public meeting before breaching a dam or diversion if there is no immediate danger within ten days.
  • Asks the state engineer to look for alternatives to breaching before making an order.
  • Needs the state engineer to tell people who might be affected about any damage that could happen from breaching.
  • Requires the state engineer to inform water rights holders and landowners with storage rights about proposed breaches and upcoming public meetings.

Who It Names or Affects

  • The state engineer
  • Owners of dams or diversion systems
  • People living near dams or diversions
  • Water rights holders and landowners with storage rights

Terms To Know

Emergency order
A quick decision made by the state engineer to fix a dam or diversion when there is an immediate danger.
Public meeting
A gathering where people can give their opinions about something important, like breaching a dam.

Limits and Unknowns

  • The bill did not pass and was never introduced in the session.
  • It only applies to orders made after its effective date if it had passed.
  • Details of how the state engineer will implement these rules are still unclear.

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