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SF0043 • 2025

Temporary water use agreements amendments.

AN ACT relating to water; extending the number of years for which temporary water rights may be granted; providing exceptions; and providing for an effective date.

Agriculture Water
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Agriculture
Last action
2025-03-12
Official status
enrolled
Effective date
7/1/2025

Plain English Breakdown

Checked against official source text during the last sync.

Amending Temporary Water Use Agreements

This law changes how long temporary water rights can be used and sets rules for renewing them.

What This Bill Does

  • Extends the period of a temporary water right from two years to five years.
  • Removes specific purposes for obtaining a temporary water right, allowing it for any temporary beneficial use.
  • Prohibits the State Engineer from approving a transfer if it harms other water rights holders.
  • Allows the State Engineer to renew temporary water rights up to ten years total, with each renewal not exceeding five years.
  • Specifies that after a temporary transfer ends, the water right must be used for its original purpose for at least half of the time it was temporarily transferred.

Who It Names or Affects

  • People who want to use water temporarily for various purposes.
  • The State Engineer and other government officials managing water rights.

Terms To Know

Temporary Water Rights
Rights to use water for a limited time, usually less than ten years.
State Engineer
A government official who oversees the management and allocation of water rights.

Limits and Unknowns

  • The law does not specify what happens if someone violates these rules.
  • It is unclear how this change will affect existing temporary water rights before July 1, 2025.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0043H3001

3rd reading • Representative Strock

Adopted

Plain English: The amendment adds an exception to the purposes for which temporary water rights can be granted, specifically excluding beneficial use of instream flows identified in Wyoming Statute 41-3-1001.

  • Adds a new clause after 'purposes' that excludes the beneficial use of instream flows from being considered when granting temporary water rights.
  • The amendment text does not provide details on how this exception will be implemented or what specific impacts it may have.
SF0043HW001

Committee of the Whole • Representative Strock

Divided

Plain English: The amendment adds exceptions and conditions to temporary water rights agreements in Wyoming.

  • Adds an exception that allows instream flows identified under Wyoming Statute 41-3-1001 to be used for beneficial purposes, even if they are not covered by the original bill's provisions.
  • Requires any irrigation water right holder who has a temporary transfer of their water right to use the water for its intended purpose for at least half the time that the temporary transfer was in effect before being allowed another temporary transfer.
  • The amendment text does not specify how these changes will be enforced or what penalties might apply if they are not followed.
  • It is unclear from the provided information whether this amendment affects all water rights equally or only specific types of water rights.
SF0043HW001.01

Committee of the Whole • Representative Strock

Corrected, Corrected, Adopted

Plain English: The amendment adds a requirement that after a temporary water right expires, it must be used for its original purpose for at least half the time it was temporarily transferred before another temporary transfer can happen.

  • After a temporary water right expires, the water must be used for its intended purpose (like irrigation) for a period equal to at least fifty percent of the duration of the temporary use.
  • The amendment does not specify what happens if the original user cannot meet this requirement or how it affects future users.
SF0043HW001.02

Committee of the Whole • Representative Strock

Corrected, Corrected, Failed

Plain English: The amendment adds an exception to the purposes for which temporary water rights can be granted, specifically excluding beneficial use of instream flows identified in Wyoming Statute 41-3-1001.

  • Adds a new clause after 'purposes' that excludes the beneficial use of instream flows from being considered when granting temporary water rights.
  • The amendment text does not provide details on how this exception will be implemented or its full implications for existing and future water rights.
SF0043S2001

2nd reading • Senator Hicks

Adopted

Plain English: The amendment removes specific wording from a bill about temporary water use agreements.

  • Removes the phrase ', excluding the' from line 21 on page 2 of the bill.
  • The amendment deletes an entire line and a reference number, but it is unclear what specific content was removed without seeing the original text.
  • Without additional context, it's hard to explain the full impact of these deletions.
SF0043JC001

Conference Committee

S Adopted, H Adopted

Plain English: The amendment removes specific house amendments from a bill about temporary water use agreements.

  • Removes certain House amendments that were previously added to the bill.
  • The exact content of the removed House amendments is not provided, so their details cannot be explained.
SF0043SS001

Standing Committee • Senate Agriculture, State and Public Lands & Water

Adopted

Plain English: The amendment removes certain sections related to permanent water rights and exceptions from the bill text.

  • Removes the phrase 'permanent water rights;' from the bill's first page.
  • Deletes lines 11 through 23 on the third page of the bill.
  • Eliminates lines 1 through 12 on the fourth page of the bill.
  • The amendment text does not provide enough information to explain all potential impacts or changes in detail.

Bill History

  1. 2025-03-12 LSO

    Assigned Chapter Number 134

  2. 2025-03-12 Governor

    Governor Signed SEA No. 0071

  3. 2025-03-04 House

    H Speaker Signed SEA No. 0071

  4. 2025-03-04 Senate

    S President Signed SEA No. 0071

  5. 2025-03-04 LSO

    Assigned Number SEA No. 0071

  6. 2025-02-26 House

    H Appointed JCC01 Members

  7. 2025-02-26 Senate

    S Appointed JCC01 Members

  8. 2025-02-26 Senate

    S Concur:Failed 0-31-0-0-0

  9. 2025-02-24 Senate

    S Received for Concurrence

  10. 2025-02-24 House

    H 3rd Reading:Passed 56-3-3-0-0

  11. 2025-02-21 House

    H 2nd Reading:Passed

  12. 2025-02-20 House

    H COW:Passed

  13. 2025-02-18 House

    H Placed on General File

  14. 2025-02-18 House

    H05 - Agriculture:Recommend Do Pass 6-3-0-0-0

  15. 2025-02-14 House

    H Introduced and Referred to H05 - Agriculture

  16. 2025-01-20 House

    H Received for Introduction

  17. 2025-01-20 Senate

    S 3rd Reading:Passed 23-4-4-0-0

  18. 2025-01-17 Senate

    S 2nd Reading:Passed

  19. 2025-01-16 Senate

    S COW:Passed

  20. 2025-01-16 Senate

    S Placed on General File

  21. 2025-01-16 Senate

    S05 - Agriculture:Recommend Amend and Do Pass 5-0-0-0-0

  22. 2025-01-15 Senate

    S Introduced and Referred to S05 - Agriculture

  23. 2024-12-19 Senate

    S Received for Introduction

  24. 2024-12-16 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 25LSO-0099

Bill No.:

SF0043

Effective:

7/1/2025

LSO No.:

25LSO-0099

Enrolled Act No.:

SEA No. 0071

Chapter No.:

134

Prime Sponsor:

Joint Agriculture, State and Public Lands & Water Resources Interim Committee

Catch Title:

Temporary water use agreements amendments.

Has Report:

No

Subject:

Extending the number of years where temporary water rights may be granted.

Summary/Major Elements:

Existing law provides a process for a person to acquire a temporary water right by transfer for a period of two (2) years for specified purposes.

This bill extends the period of a temporary water right to five (5) years.

The bill also removes the specified purposes for a temporary water right and provides that a temporary water right can be acquired for temporary beneficial purposes.

The bill prohibits the State Engineer from approving a temporary water right transfer if it would injuriously affect the water rights of other appropriators.

The bill authorizes the State Engineer to renew a temporary water right for successive periods of not more than five (5) years and provides that the total length of a temporary water right transfer shall not exceed ten (10) years.

The bill specifies that after the expiration of any temporary transfer of any irrigation water right, the water right shall be used for its adjudicated or permitted purpose for not less than fifty percent (50%) of the period for which the temporary transfer was exercised before becoming eligible for any further temporary transfers.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
25LSO-0099

ORIGINAL Senate

ENGROSSED
File No
.
SF0043

ENROLLED ACT NO. 71,

SENATE

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session

AN ACT relating to water; extending the number of years for which temporary water rights may be granted; providing exceptions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 41
‑
3
‑
110(a) is amended to read:

41
‑
3
‑
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
.
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 temporary transfer including any extensions for the same purpose and place of use as a previous temporary transfer granted under this subsection shall not exceed ten (10) years. After the expiration of any temporary transfer of any irrigation water right, the water right shall be used for its adjudicated or permitted purpose for a period of time equal to not less than fifty percent (50%) of the period for which the temporary transfer, including any extension, was exercised before becoming eligible for any further temporary use transfers.

Section 2
.

This act is effective July 1, 2025
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1